Allahabad High Court
WRIC/32297/2025 of ANAND KUMAR AGARWAL Vs STATE OF UP AND 5 OTHERS on 28 September 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 32297 of 2025 Court No. - 29 HON'BLE SIDDHARTHA VARMA, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Divyanshu Nandan Tripathi, learned counsel for the petitioner, learned Standing Counsel for the State respondents, Sri Vineet Sankalp, learned counsel
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 32297 of 2025
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
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1. Heard Sri Divyanshu Nandan Tripathi, learned counsel for the petitioner, learned Standing Counsel for the State respondents, Sri Vineet Sankalp, learned counsel representing the Nagar Nigam, Varanasi and Sri Ravi Prakash Pandey, learned counsel for Varanasi Development Authority.
2. The instructions filed by learned counsel for the Varanasi Development Authority are taken on record.
3. Essentially, we find that the petitioner was aggrieved by the remarks of respondent no. 2 which were made on 07.08.2025 with regard to there being encroachment over the road situated outside the plot of the petitioner.
4. Learned counsel for the petitioner submits that it was not within his domain to remove the encroachment over the land which belongs to Public Works Department.
5. However, today when the case was taken up, learned counsel representing Varanasi Development Authority has produced before us an order of the Authority dated 28.04.2026 whereby the sanction of map applied by the petitioner had been refused. Learned counsel for the Development Authority states that the petitioner has every right to file an appeal under Section 15(5) of the U.P. Urban Planning and Development Versus Counsel for Petitioner(s) : Divyanshu Nandan Tripathi, Siddharth Niranjan, Utkarsh Khanna Counsel for Respondent(s) : C.S.C., Ravi Prakash Pandey, Vineet Sankalp Anand Kumar Agarwal .....Petitioner(s) State Of Up And 5 Others .....Respondent(s)
Act, 1973.
6. Under such circumstances, without going into the merit of the case, we direct that the petitioner may challenge the order passed by the Varanasi Development Authority by filing an appeal under Section 15(5) of the Act, 1973 ventilating his grievances and if any appeal is filed within a period of 15 days from today, then without going into the question of limitation, the same shall be decided within a period of two months strictly in accordance with law.
7. With the aforesaid observations, the instant writ petition stands disposed of. September 29, 2026 Sumit S WRIC No. 32297 of 2025 2 (Kunal Ravi Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad