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2025 DAILYLAW 87710 (ALL)

SMT KAMINI GOYAL v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/28222/2025 · 2025-09-10

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28222 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the parties. 2. The instant writ petition has been preferred for a mandamus commanding the respondent no. 5 to direct the concerned authority/person to take necessary action as per the mandate of Section 27 of the U.P. Urban Planning and Development Act, 1973. Alternatively, prayer is made to decide the representation dated 17.6.2025 pending before the respondent no. 4 within stipulated time. 3. Learned counsel for the petitioner on the instructions states that as the order under Section 27 of the U.P. Urban Planning and Development Act, 1973 is already passed by the competent authority, the cause for filing of the writ petition no more survives. 4. Sri D.S.Chauhan, learned counsel for the respondent-Development Authority submits that in the instant matter there was a dispute of apportionment, which was settled by a competent civil court. In another matter qua the tenancy dispute, the status quo order is still existing even though the Development Authority had already passed the order under Section 27 of the U.P. Urban Planning and Development Act, 1973. 4. Considering the factual situation, we are not inclined to entertain the writ petition on merit. As the competent civil court had already accorded injunction qua the disputed property, in case, the petitioner is aggrieved by Versus Counsel for Petitioner(s) : Arvind Srivastava Iii, Pratik Kumar Counsel for Respondent(s) : Virendra Kumar Mishra, C.S.C., Dharmendra Singh Chauhan Smt Kamini Goyal .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) the said order, she may approach to the competent civil court for redressal of her grievance. 5. With the aforesaid observations, the writ petition stands disposed of. September 11, 2025 A.K.Srivastava WRIC No. 28222 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad