Allahabad High Court
SMT SAPNA YADAV AND ANOTHERversusState of UP AND 3 OTHERS
- Decided
Holding
The Court directed de‑sealing of the premises and supervised removal of the illegal portion, thereby disposing the writ petition.
Summary
The petitioners, who purchased a building up to the third floor, challenged demolition and sealing orders dated 16‑04‑2024 and 18‑05‑2024 issued by the fourth respondent for alleged unauthorized construction. They sought certiorari to quash the orders, mandamus to prevent demolition, and to have the sealing removed so they could rectify the illegal portion, along with costs. The petitioners argued that the only violation was a deviation on the top floor and that they were ready to remove the offending structure under supervision. The Court observed that the petitioners had voluntarily offered to correct the deviation and directed that the removal be carried out in the presence of an official of the U.P. Awas Vikas Parishad, while also ordering the premises to be de‑sealed. Consequently, the writ petition was disposed of without granting the full relief sought, subject to the stipulated remedial action.
Issues considered
- Whether the demolition and sealing orders issued by the respondent are legally valid in view of alleged unauthorized construction.
- Whether the court can quash the demolition and sealing orders through a writ of certiorari.
- Whether a writ of mandamus can be issued directing the respondent not to execute the demolition order and to remove the sealing.
- Whether the petitioners are entitled to costs of the petition.
Subjects
- demolition
- sealing
- unauthorized construction
- mandamus
- certiorari
- costs
- U.P. Awas Vikas Parishad
- building
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 21723 of 2024
Smt Sapna Yadav And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akshay Pratap Singh, Jyoti Kumar
Singh, Naresh Chandra Tripahti,
Suchita Tripathi
Counsel for Respondent(s) : Ravi Anand Agarwal, C.S.C., Krishna
Agarawal, Nipun Singh, Raghav
Dwivedi
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Sri Rakesh Pandey, learned Senior Advocate assisted by Sri
Hemendra Pratap Singh, learned counsel for the petitioners, Sri Suresh
Singh, learned Additional Chief Standing Counsel for the State
respondents and Ms. Akriti Chaturvedi holding brief of Sri Ravi Anand
Agarwal.
2. The instant writ petition has been preferred in the year 2024 inter alia
for the following relief :
"i. Issue a writ order or direction in the nature of certiorari for quashing
of the impugned order of demolition dated 16.04.2024 (Annexure no. 1),
impugned order of sealing of the building in question dated 16.04.2024
(Annexure no. 2) and the impugned order dated 18.05.2024 (Annexure
no. 3) directing to seal the building, all passed by respondent no. 4.
ii. Issue a writ order or direction in the nature of mandamus directing the
respondent no. 4 not to give effect to the demolition order dated
16.04.2024 (Annexure no. 1).
iii. Issue a writ order or direction in the nature of mandamus directing
the respondent no. 4 to remove the sealing of the building in question
forthwith by permitting the petitioner no. 1 to rectify/remove the illegal
WRIC No. 21723 of 2024
2
construction, as precisely and specifically pointed out by respondent no. 4
and/or by his officers of the respondent department, authorized for, within
the time as may be stipulated by this Hon'ble Court.
iv. Award the cost of the petition in favour of the petitioners."
3. Learned counsel for the petitioners submits that the petitioners are
auction purchasers of the entire building constructed upto the 3rd floor.
The U.P. Awas Vikas Parishad had issued notices for unauthorized
construction at the third floor (top floor). Learned counsel submits that as
there are certain deviation in the construction which is contrary to the
approved plan by the U.P. Awas Vikas Parishad, therefore, the entire
premises has been sealed. On account of sealing order, the petitioners are
suffered irreparable loss and injury. On the instructions, he submits that
the petitioners are inclined to remove the offending portion in view of the
order impugned in case the building is de-sealed.
4. Considering the facts and circumstances, as the petitioners have
themselves volunteered before this Court to remove the illegal portion as
per lay out plan, we expect that the said removal be carried out in
presence of some official of the U.P. Awas Vikas Parishad expeditiously
and meanwhile, the authority is also directed to de-seal the premises to
ensure demolition of the offending part.
5. With the aforesaid observation, the writ petition stands disposed of.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
March 9, 2026
Priya
Digitally signed by :-
PRIYA KUSHWAHA
High Court of Judicature at Allahabad
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