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2025 DAILYLAW 95672 (ALL)

KUNWAR PAL SINGH v. State of UP AND 10 OTHERS

WRIC/32198/2024 · 2025-04-28

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66303-DB Court No. - 21 Case :- WRIT - C No. - 32198 of 2024 Petitioner :- Kunwar Pal Singh Respondent :- State Of Up And 10 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- Jagannath Maurya,C.S.C.,Gaurav Tripathi,Jyoti Kumar Singh,Sandeep Kumar Srivastava,Suresh C. Dwivedi,Vishakha Pande Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The present petition has been filed seeking a direction to the State-respondents to take effective measures to close down the factories being run by respondents no.9 to 11 in the neighbourhood of the petitioner. The petitioner had earlier approached this court by way of Writ-C No.8858 of 2024 for similar relief and the said petition was disposed of by a Co-ordinate Bench by order dated 21.05.2024 after recording the statement of the State-respondents and the Development Authority that they had already initiated action against the private-respondents for closing down of the factories. Liberty was reserved in favour of the private-respondents therein to assail the sealing order that was passed by the Development Authority. 2. In the present petition, the allegation is that despite the Development Authority having sealed the premises of private- respondents, on several occasions, the offending activity has not been stopped nor any action has been taken for demolition of the unauthorized constructions. 3. Having regard to the said allegation, we required the Vice- Chairman of the Development Authority to file his personal affidavit and disclose the stand of the Development Authority. 4. In compliance of the said direction, an affidavit was filed by the Vice-Chairman, Agra Development Authority, Agra wherein the stand taken is that the premises of the private-respondent no.9 was sealed on 21.02.2024 but the seal was found broken. Again, the premises was sealed on 18.05.2025 but still Zakir was found running the factory. The factories run by respondents no.10 and 11 were also sealed on 16.12.2024. 5. Shri Rakesh Pande, learned Senior Counsel appearing for respondent no.9 submits that respondent no.9 is in occupation of a different portion of the building bearing No.29/108-C and it was not the subject matter of the previous writ petition. He states that respondent no.9 has been served with notice under Sections 28- A(1) and 27(1) of the Act dated 22.02.2025 and 15.04.2025 respectively. The proceedings in pursuance of the said notices are pending. 6. Learned counsel for respondent no.5 states that electricity connection to the premises of respondents no.10 and 11 has already been disconnected. 6. Learned counsel for respondents no.10 and 11 is not present. 7. Shri J.N. Maurya, learned counsel for the Development Authority states that premises of respondents no.10 and 11 was sealed on 16.12.2024. He states that all the proceedings, which are pending against respondents no.9, 10 and 11 would be taken to logical conclusion expeditiously. 8. As the proceedings against respondents no.9, 10 and 11 are stated to be pending and the Development Authority has undertaken to conclude the same expeditiously, therefore, the petition is disposed of by providing that the proceedings be taken to logical conclusion within eight weeks from today. 9. Respondents no.9, 10 and 11 will not seek any unnecessary adjournment in the proceedings and, in case, they seek adjournment for any reason which is not justifiable, it shall be open to the Development Authority to proceed in the matter ex parte. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 29.4.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad