Allahabad High Court
SMT NIRMALA DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is disposed with a direction to file a revision within ten days and a stay of construction pending the revision.
Summary
The petitioner, Smt Nirmala Devi, filed a writ petition challenging an appellate order dated 12 May 2026 passed under Section 27(2) of the U.P. Urban Planning & Development Act, 1973. The respondent authorities argued that the petitioner could seek a revision before the State Government. The Court, without examining the merits, directed the petitioner to file a revision within ten days and ordered that the revision be decided within three months, irrespective of any limitation bar. A status‑quo order was imposed, prohibiting the petitioner from undertaking any construction for three months or until a decision on the revision is rendered. Consequently, the writ petition was disposed of with the stay order in place.
Issues considered
- Whether the petitioner has a remedy of filing a revision before the State Government under Section 27(2) of the U.P. Urban Planning & Development Act, 1973
- Whether the limitation period for filing the revision can be condoned
- Whether a stay of construction should be ordered pending the revision
Legislation cited
- U.P. Urban Planning & Development Act, 1973 — s. 27(2)
Subjects
- writ petition
- revision
- limitation
- status quo
- construction ban
- urban planning law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39179 of 2026
Smt Nirmala Devi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikas Kumar Upadhyay
Counsel for Respondent(s) : C.S.C., Ravi Prakash Pandey
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. This writ petition has been filed against the appellate order dated
12.5.2026 passed under Section 27 (2) of the U.P. Urban Planning &
Development Act, 1973.
2. Sri Ravi Prakash Pandey, learned Counsel appearing for Varanasi
Development Authority, states that the petitioner has an efficacious
remedy of filing a revision before the State Government.
3. Without going into the merit of the case, we direct that if the petitioner
files a revision within 10 days from today then without going to the
question of limitation, the revision of the petitioner shall be decided
within 3 months thereafter.
4. For a period of 3 months or till a decision is taken on the revision,
status-quo as on today shall be maintained. Needless to mention that the
petitioner shall not make any construction.
5. With the above observations, the writ petition is disposed of.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 28, 2026
Irshad
Digitally signed by :-
IRSHAD AHMAD SIDDIQUI
High Court of Judicature at Allahabad
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