Neutral Citation No. - 2025:AHC:75142 Court No. - 74 Case :- APPLICATION U/S 482 No. - 31415 of 2024 Applicant :- Ramkishor Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A.,Vibhu Rai Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sanjeev Kumar Singh, learned counsel for applicant, Sri Vibhu Rai, learned counsel for Gorakhpur Industrial Development Authority and learned AGA for State. 2. Present application has been preferred with the prayer to quash the entire proceedings of Case no. 501 of 2013 (State vs. Ramkishor) and charge sheet dated 23.07.2012 along with cognizance order dated 02.02.2013 as well as summoning order dated 19.04.2013 arising out of Case Crime no. 0061 of 2012, under Section 3/4 Prevention of Damage to Public Property Act, 1984, PS- Sahjanwa, District Gorakhpur. 3. It is the case of the applicant that initially an FIR has been registered at Case Crime no. 61 of 2021 in pursuance to Section 3/4 of Prevention of Damage to Public Property Act, at the behest of one Junior Engineer (Civil), Gorakhpur Industrial Development Authority, Gorakhpur. 4. Learned counsel for the applicant submitted that specific narration of the FIR clearly disclose the allegation which has been put forward against the applicant which is only to the tune of raising construction over plot no. 19 without seeking formal approval of the proposed construction map through Gorakhpur Industrial Development Authority, Gorakhpur but at the same time, FIR has been instituted in pursuance to Section 3/4 of the Prevention of Damage to Public Property Act. 5. Learned counsel for the applicant also submitted that there is no disclosure that plot no. 19 does not belongs to the applicant and the same is public property but only allegation that proposed construction initiated by the applicant is without formal approval of the sanctioned map in pursuance to U.P. Industrial Area Development Act, 1976 which permits the concerned Industrial Development Authority to regulate the construction whatsoever shall be made by any of the plot holder and the same shall be subject to approval of the map from the concerned development authority but proceeding initiated under Section 3/4 of Prevention of Damage to Public Property Act is not sustainable in the eye of law. 6. 6. Per contra, Sri Vibhu Rai, learned counsel for Gorakhpur Industrial Development Authority and learned AGA for State vehemently opposed the prayer sought through the instant application. 7. In the instant matter, although the fact which is enlarged through the instant application that the proposed map has not been sanctioned by Gorakhpur Industrial Development Authority and as such the authority is entitled to proceed with the corresponding procedure available in the U.P. Industrial Area Development Act, 1976 but not in pursuance to Prevention of Damage to Public Property Act, 1984. 8. In view of aforementioned facts and circumstances, no case is made out against the applicant in pursuance to Prevention of Damages to Public Property Act, 1984 and as such entire proceedings arising out of Case Crime no. 0061 of 2012, under Section 3/4 Prevention of Damage to Public Property Act, 1984, PS- Sahjanwa, District Gorakhpur instituted as Case no. 501 of 2013 (State vs. Ramkishor) is hereby set aside. 9. However, it is made clear that this order will not preclude the Gorakhpur Industrial Development Authority to proceed afresh, against applicant, if required, in pursuance to the corresponding sections of U.P.Industrial Area Development Act, 1976. 10. The instant application stands allowed accordingly. Order Date :- 8.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad