Allahabad High Court
VEENA GUPTAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
The writ petition is dismissed as not pressed, with liberty granted to the petitioner to file an appeal under Section 41(3) of the U.P. Urban Planning and Development Act, 1973.
Summary
Petitioner Veena Gupta filed a writ petition challenging two orders of the Aligarh Development Authority issued under Sections 28A(4) and 28A(1) of the U.P. Urban Planning and Development Act, 1973. The petitioner later informed the Court that she does not wish to pursue the writ and intends to use the statutory appeal provision under Section 41(3) of the same Act. The Court, noting the petitioner's clear intention not to press the writ, dismissed the petition as not pressed. The judgment also granted the petitioner liberty to file an appeal under Section 41(3) if she so decides. The order was pronounced by Justice Vinod Diwakar on 23 April 2026.
Issues considered
- Whether a writ petition can be dismissed as not pressed when the petitioner elects to pursue a statutory appeal instead
- Whether the petitioner should be granted liberty to file an appeal under Section 41(3) of the U.P. Urban Planning and Development Act, 1973
Legislation cited
- U.P. Urban Planning and Development Act, 1973 — s. 28A(1), 28A(4), 41(3)
Subjects
- writ petition
- administrative order
- statutory appeal
- U.P. Urban Planning and Development Act
- dismissal for non‑pressing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37760 of 2025
Veena Gupta
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajit Kumar
Counsel for Respondent(s) : C.S.C., Vibhanshu Vaibhav
Court No. - 37
HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State, and perused the record.
2. The present petition has been filed challenging the impugned order dated
10.07.2025 passed by the Commissioner, Aligarh Division, Aligarh-
respondent no.2 in Case No. 962 of 2024, titled Veena Gupta v. Vice
Chairman, Aligarh Development Authority, under Section 28A(4) of the
U.P. Urban Planning and Development Act, 1973, as well as the order dated
22.08.2024 passed by the Presiding Officer, Aligarh Development Authority,
Aligarh in Case No. A.L.D.A./A.N.I./2024/0001455 of 2024-25 under
Section 28A(1) of the said Act.
3. Learned counsel for the petitioner submits that the petitioner does not
wish to press the present petition at this stage and seeks liberty to avail the
statutory remedy of appeal under Section 41(3) of the U.P. Urban Planning
and Development Act, 1973.
4. In view of the statement made by learned counsel for the petitioner, the
present writ petition is dismissed as not pressed, with liberty to the petitioner
to file an appeal under Section 41(3) of the aforesaid Act, if so advised.
April 23, 2026
Anil K. Sharma
(Vinod Diwakar,J.)
Digitally signed by :-
ANIL KUMAR SHARMA
High Court of Judicature at Allahabad
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