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2025 DAILYLAW 86047 (ALL)

DEVENDRA KUMAR v. STATE OF U.P. AND 10 OTHERS

WRIC/27854/2025 · 2025-08-19

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142029-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 26) Court No. - 29 Case :- WRIT - C No. - 27854 of 2025 Petitioner :- Devendra Kumar Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Udai Prakash Deo Pandey Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the petitioner, Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State respondents and Sri Kaushalendra Nath Singh, learned counsel for the respondent no. 2. 2. The instant writ petition is preferred for a direction commanding the respondents no. 4 to 9 to remove the unauthorized construction of 2 big shops, 1 large room, 1 concrete storeroom, 1 stage and 1 washroom near Gate No. 1 and 2 huts, 1 pakka washroom Gate No. 2 of MIG Flats, Century Apartment, Sector-100, Noida and to realize the rent from respondent no.4 and 5 which has been illegally collected by them from the letting out the unauthorized constructions, a big pakka room, 2 big shops, 2 huts, 1 washroom etc.. 3. Learned counsel for the petitioner states admittedly there are unauthorized construction raised by the private respondent contrary to the approved plan of the Noida Authority. In support of his submission he has also placed reliance on the letter dated 11.12.2024 which was sent by the Noida Authority to the President RWA Association, Century Apartments, Section-100, Noida wherein the Authority had also indicated there are some illegal constructions contrary to the approved plan. Learned counsel for the petitioner has confined his relief that in response to the letter dated 11.12.2024 the Authority must proceed in accordance with law. 4. Considering the factual situation, as we propose to pass the order, no notice is required to be issued to the private respondents no. 4 to 11. However, we observe that the Chief Executive Officer, Noida Authority must ensure the finalization of the proceedings but certainly after affording an opportunity of hearing to all the stakeholders. 5. The petition stands disposed of accordingly. 6. Needless to say, we have not adverted on merits of the case. Order Date :- 20.8.2025 Kirti (Anish Kumar Gupta, J.) (M.C. Tripathi, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad