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Allahabad High Court

VEENA GUPTAversusSTATE OF U.P. AND 4 OTHERS

Decided

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

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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