Allahabad High Court

SHYAM BABBOO SHIVHAREversusSTATE OF U.P. AND 2 OTHERS

Decided: 17 September 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The Court held that the petition may be disposed of with liberty to file a revision under Section 41(3) of the Uttar Pradesh Urban Planning and Development Act, 1973 within three weeks.

Summary

The petitioner, Shyam Babboo Shivhare, filed a writ petition before the Allahabad High Court seeking relief against the State of U.P. and two others. Counsel for the petitioner requested that the petition be disposed of with liberty to file a revision under Section 41(3) of the Uttar Pradesh Urban Planning and Development Act, 1973. The respondent No.3, represented by Sant Ram Sharma, raised no objection to this request. The Court, after noting the absence of objection, granted the petitioner's prayer, allowing a revision to be filed within three weeks. It further directed that any such revision be decided expeditiously, and the writ petition was consequently disposed.

Issues considered

Whether the writ petition may be disposed of with liberty to file a revision under Section 41(3) of the Uttar Pradesh Urban Planning and Development Act, 1973?

Legislation cited

Uttar Pradesh Urban Planning and Development Act, 1973 — s. 41(3)

Subjects

revision
writ petition
Uttar Pradesh Urban Planning and Development Act
Section 41(3)
liberty to file revision
High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 37673 of 2026

                                    Shyam Babboo Shivhare
                                                                                                              .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 2 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Rishikesh Tripathi, Shashwat Tripathi
                                    Counsel for Respondent(s)                 :   C.S.C., Sant Ram Sharma

                                    Court No. - 36
                                                     HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Sri Rishikesh Tripathi, learned counsel for the petitioner after arguing for sometime
                                    fairly submitted that he has received instructions that this writ petition be disposed of
                                    with liberty to the petitioner to file a revision under Section 41 (3) of the Uttar Pradesh
                                    Urban Planning and Development Act, 1973.

                                    2. Sri Sant Ram Sharma, learned counsel for the respondent no.3 has no objection
                                    against the aforesaid prayer.

                                    3. In the aforesaid circumstances, this writ petition is disposed of with aforesaid
                                    liberty and with further observation that if a revision is filed within a period of three
                                    weeks, same be decided expeditiously.


                                    September 18, 2026
                                    SB                                                     (Saurabh Shyam Shamshery,J.)




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad

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