Vijay Pal Singh vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Vijay Pal Singh vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of: appeal against the demolition order to be decided by respondent no.2 expeditiously, preferably within six weeks of communication of the order; until the appeal is decided the demolition order shall not be enforced by the Development Authority; Development Authority may seek recall of the order if the petitioner causes unnecessary delay.

Issue for consideration

Whether the writ petition seeking quashing of the demolition order dated 26.12.2024 can be entertained when the petitioner has already challenged that order in appeal. +1 more

Court's answer

Since the petitioner has already challenged the demolition order by filing an appeal, there is no occasion for the Court to quash the order or examine its validity in the writ petition.

Ratio / Principle

The appeal against the demolition order is to be decided by respondent no.2 as expeditiously as possible, preferably within six weeks from the date of communication of the instant order.

Key takeaways

Until the appeal is decided, the demolition order shall not be enforced by the Development Authority.ratio¶12
If the petitioner seeks unnecessary adjournments in the appeal, it shall be open to the Development Authority to seek recall of the instant order.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Division Bench) disposed of a writ petition filed by Vijay Pal Singh challenging, inter alia, a demolition order dated 26.12.2024 passed by respondent no.3 under Section 27(1) of the Urban Pradesh Planning and Development Act, 1973 (as printed). Holding that the petitioner had already challenged the demolition order in appeal, the Court declined to quash the order or examine its validity in the writ petition. On the interim-relief aspect, noting the stay application in the appeal remained unconsidered and the Development Authority's counsel stated enforcement would await the appeal's outcome, the Court directed respondent no.2 to decide the appeal expeditiously, preferably within six weeks of communication of the order, and that until then the demolition order shall not be enforced; the Development Authority may seek recall if the petitioner seeks unnecessary adjournments.

Neutral Citation No. - 2025:AHC:13934-DB

HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl. No.54)

Court No. - 21

Case :- WRIT - C No. - 2152 of 2025

Petitioner :- Vijay Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar Singh Counsel for Respondent :- C.S.C.

Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

1. The prayer made in the instant petition is for quashing of the order dated 26.12.2024, passed by respondent no.3 under Section 27(1) of the Urban Pradesh Planning and Development Act, 1973 and for directing the parties to maintain status quo till the disposal of appeal filed by the petitioner against the said order.

2. As the petitioner has already challenged the demolition order by filing appeal, therefore, there is no occasion to quash the same or to examine its validity in the instant petition.

3. As regard the other prayer the submission is that since appeal is pending and therefore, the petitioner is entitled to stay of the demolition order. It is submitted that the stay application filed by the petitioner in appeal has not been considered so far.

4. Sri S.K. Singh, learned counsel for the respondent Development Authority very fairly states that the Development Authority will not implement the demolition order till the appeal is decided, provided the petitioner does not unnecessarily delay the same.

5. Having regard to the same we dispose of the instant petition by providing that the appeal be decided by the respondent no.2 as expeditiously as possible and preferably within six weeks from the date of communication of the instant order and until the appeal is decided, the demolition order shall not be enforced by the Development Authority.

6. In case the petitioner seeks unnecessary adjournment, it shall be

open to the Development Authority to seek recall of the instant order.

Order Date :- 27.1.2025 Shubham Arya

(Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.)

Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad