Sunil Kumar Agnihotri v. State of U.P. and 7 Others

Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2329 of 2023 Petitioner :- Sunil Kumar Agnihotri Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Anand Prakash Paul Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

¶1The present writ PIL has been filed seeking issuance of mandamus commanding the Kanpur Development Authority, Kanpur to undertake the demolition of the structures raised over property Nos. 81A, 82A, 83A & 84A of Mauja Arra, Kanpur Nagar.

¶2Learned counsel for the petitioner has invited the attention of this Court to an order dated 20.12.2022 passed in Writ-C No. 39104 of 2022 (Krishna Foundation Academy vs. State of U.P. and others) which was disposed of relegating the petitioner therein to approach the State Government under Section 41(3) of the U.P. Urban Planning and Development Act, 1973.

¶3Learned Standing Counsel submits that the proceedings before the State Government under Section 41(3) of the U.P. Urban Planning and Development Act, 1973 is still pending consideration and the petitioner may await the outcome of the said proceedings.

¶4In view of the above, learned counsel for the petitioner prays for withdrawal of the writ petition at this stage.

¶5The petition is, accordingly, dismissed as withdrawn at this stage, leaving it open to the petitioner to agitate the issue once the proceedings under Section 41(3) of the U.P. Urban Planning and Development Act, 1973 is finalized. Order Date :- 30.10.2023 Brijesh Maurya (Ashutosh Srivastava,J.) (Pritinker Diwaker,CJ.) High Court of Judicature at Allahabad