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2025 DAILYLAW 91240 (ALL)

SUDODH RAY v. STATE OF U.P. AND 2 OTHERS

WRIC/30730/2025 · 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. - 30730 of 2025 Court No. - 29 (Sl.No.36) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondent. 2. The instant writ petition has been filed with the following prayer: "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 and 3 to award compensation to the petitioner for the demolition of the part of the construction of petitioner standing on Khata no. 132, Khasra no. 611, area 0.5310 hectare situated in Village Abupur, Tehsil Modinagar, District Ghaziabad within a specific period which is to be fixed by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus commanding to respondent No.3 to decide the representation of the petitioner dated 4.4.2025 served through registered post dated 5.4.2025 within a time bound manner which is to be fixed by this Hon'ble Court." 3. After substantial arguments, once we decline to accord any relief qua the first relief, learned counsel for the petitioner submits that in response to the previous order dated 25.04.2025 passed by this Court in Writ-C No. 10011 of 2025, where the prayer made in the representation dated 22.03.2025 was for compounding the constructions after realizing the compounding fee, the Authority has passed an order dated 28.07.2025 declining the prayer of the petitioner for compounding after realizing the compounding fee. Versus Counsel for Petitioner(s) : Mithilesh Tiwari, Mrityunjay Datta Tiwari Counsel for Respondent(s) : C.S.C., Tejasvi Misra Sudodh Ray .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 5. Sri Tejasvi Mishra, learned counsel for Ghaziabad Development Authority (in short G.D.A.) resisted the relief and placed the order dated 28.07.2025, which has been passed by the G.D.A. in response to the order dated 25.04.2025 passed by this Court wherein the Authority has indicated that the plots in question falls within the territorial jurisdiction of G.D.A., which is also reflected from the sale deed itself and no compounding could be done as the petitioner has not provided the relevant documents in support of his compounding application. It is further submitted that in the light of mandate of the Division Bench, if the petitioner applies for compounding of the constructions, the said application would be considered in accordance with law. Till date, the petitioner has not submitted any compounding fee along with relevant documents and other affidavits and in absence of the same, the G.D.A is not in position to decide the application for compounding. 6. In the facts and circumstances, we observe that if the petitioner again moves an appropriate application in the light of the communication dated 28.04.2025 along with all the relevant documents and affidavits, the G.D.A. would process the said application, in accordance with law. 7. The writ petition is accordingly, disposed of. September 11, 2025 Ashish Pd. WRIC No. 30730 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad