Allahabad High Court

ZAHEERUDDIN @ZAHEER MISTRI AND ANOTHERversusSTATE OF UTTAR PRADESH AND 6 OTHERS

Decided: 28 September 2026
Bench: SIDDHARTHA VARMA KUNAL RAVI SINGH

Holding

The writ petition is disposed of, and the appeal filed by petitioner No.2 is to be decided within two months of the certified copy of this order.

Summary

Petitioner Zaheeruddin @Zaheer Mistri and another filed a writ petition challenging a sealing order dated 28 July 2026. The petitioners sought to withdraw the writ petition and instead join an appeal filed under section 28(4) of the Uttar Pradesh Urban Planning and Development Act, 1973 before the Commissioner, Agra. The respondents, including the State of Uttar Pradesh and the Mathura Vrindavan Development Authority, urged that the appeal be decided expeditiously. The High Court, without examining the merits, directed that the appeal filed on 20 August 2026 be decided in accordance with law within two months of receiving a certified copy of the order. Consequently, the writ petition was disposed of.

Issues considered

Whether the petitioners may withdraw the writ petition and join the pending appeal under section 28(4) of the Uttar Pradesh Urban Planning and Development Act, 1973
Whether the appeal must be decided expeditiously as per the respondents' request

Legislation cited

Uttar Pradesh Urban Planning and Development Act, 1973 — s. 28(4)

Subjects

writ petition
withdrawal
appeal
Uttar Pradesh Urban Planning and Development Act
section 28(4)
sealing order
procedural law
High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 39275 of 2026

                                    Zaheeruddin @Zaheer Mistri And Another
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of Uttar Pradesh And 6 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Arun Kumar Srivastava, Bajrang Lal
                                                                      Srivastava, Priyanka Srivastava
                                    Counsel for Respondent(s)       : C.S.C., Dharmendra Singh Chauhan

                                    Court No. - 29
                                                     HON'BLE SIDDHARTHA VARMA, J.
                                                     HON'BLE KUNAL RAVI SINGH, J.

                                    1. It has been stated by learned counsel for the petitioners that the
                                    petitioner no.2 against the sealing order dated 28.7.2026, has filed an
                                    appeal under section 28(4) of the Uttar Pradesh Urban Planning and
                                    Development Act, 1973 before the respondent no.2. He states that he
                                    would be withdrawing this writ petition and would be joining the appeal.

                                    2. Sri Dharmendra Singh Chauhan, learned counsel appearing for the
                                    Mathura Vrindavan Development Authority states that the appeal shall be
                                    decided as expeditiously as possible.

                                    3. Without going into the merits of the case, we provide that the appeal
                                    filed by the petitioner no.2 on 20.8.2026 before the Commissioner,
                                    Commissionerate Agra-respondent no.2 shall be decided in accordance
                                    with law after hearing the parties concerned, within a period of two
                                    months from the date of presentation of a certified copy of this order.

                                    4. With these observations, the writ petition stands disposed of.



                                                                (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 29, 2026
                                    GS




Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad

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