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2025 DAILYLAW 94086 (ALL)

BOYS HIGH SCHOOL AND COLLEGE v. STATE OF U.P. AND 7 OTHERS

WRIC/31621/2025 · 2025-09-10

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31621 of 2025 Court No. - 33 HON'BLE PRAKASH PADIA, J. 1. The application submitted by the petitioner for sanction of map was rejected by the respondent no.7-Executive Engineer/Officer-in-charge (T.S.), Prayagraj Development Authority, Prayagraj vide order dated 08.07.2025. Aggrieved against the aforesaid, statutory appeal as provided under sub-Section 5 of Section 15 of the U.P. Urban Planning and Development Act, 1973 was preferred by the petitioner before the respondent no.3 namely Commissioner/Chairman of Prayagraj Development Authority, Prayagraj on 28.07.2025. The said appeal was numbered as Appeal No.1893 of 2025. Along-with the said appeal an application was also filed to maintain status quo on the spot. 2. It is further argued by counsel for the petitioner that in the aforesaid appeal the last date was fixed for hearing was 08.09.2025. It is further argued that urgent decision in the aforesaid appeal is required otherwise the petitioner will suffer irreparable loss. 3. Sri Dharmendra Prasad Singh, learned Additional Chief Standing Counsel placed before this Court the letter written by the District Magistrate, Prayagraj in which 15 days' time is sought for to seek instructions in the matter. 4. It is argued by Sri Vibhu Rai, learned counsel for the respondents no.3, 4, 7 & 8 that hearing of the aforesaid appeal has already been concluded on 08.09.2025. Versus Counsel for Petitioner(s) : Bindeshwari Prashad Tiwari, Sankalp Narain Counsel for Respondent(s) : C.S.C., Vibhu Rai Boys High School And College .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) 5. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.1, 2, 5 & 6 and Sri Vibhu Rai, learned counsel for the respondents no.3, 4, 7 & 8. 6. With the consent of learned counsel for the parties, present writ petition is being disposed of at the admission stage itself. 7. In the facts and circumstances of the case, present writ petition is disposed of with the direction to respondent no.3- Commissioner/Chairman of Prayagraj Development Authority, Prayagraj to decide the aforesaid statutory appeal filed by the petitioner on or before 26.09.2025 and communicate the order to the petitioner. 8. Apart from Sri Vibhu Rai, learned counsel for the respondents no.3, 4, 7 & 8, Registrar (Compliance) is also requested to communicate copy of the order passed today to the respondent no.3 forthwith. 9. Till the decision is taken by the respondent no.3, status quo as on today shall maintain between the parties. September 11, 2025 Pramod Tripathi WRIC No. 31621 of 2025 2 (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad