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2025 DAILYLAW 88902 (ALL)

RAVINDRA KUMAR v. State of UP AND 3 OTHERS

WRIC/27844/2024 · 2025-03-17

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38260-DB Court No. - 21 Case :- WRIT - C No. - 27844 of 2024 Petitioner :- Ravindra Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Tiwari Abhishek Rajesh Counsel for Respondent :- Vineet Pandey,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Tiwari Abhishek Rajesh, learned counsel for the petitioner and Sri Ashwani Mishra, learned counsel for respondent no. 2. 2. The instant petition has been filed praying for a direction to respondent no. 2 i.e. Executive Engineer, U.P. Awas Vikas Prishad, Construction Division, Kanpur Nagar to prevent illegal construction over the House/Plot No. 1/Com-1/19, Dr. Ambedkarpuram, Scheme No. 3 Scheme, Kanpur Nagar. 3. The case of the petitioner is that respondents no. 4 was served with notices from time to time, the last one being dated 29.01.2024, to stop illegal constructions and to remove the same himself, failing which legal proceedings would be initiated. However, the notice has not been enforced so far. 4. Alongwith the writ petition, no demolition order has been annexed except the notices as noted above. 5. Learned counsel for respondent no. 2 states that the construction activity has been stopped. However, he is not in a position to clarify as to when demolition order, if any, was passed and whether it has attained finality or not. 6. In such circumstances, we decline to issue any direction and leave it open to the petitioner to approach the Authority so that the Authority may examine the entire issue after due notice and opportunity of hearing to the affected parties. 7. The petition is disposed of, accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 18.3.2025/Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad