VIRAT PARADISE PRIVATE LIMITEDversusSTATE OF UP AND 8 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 9080 of 2026

Virat Paradise Private Limited
                                                            .....Petitioner(s)
                                   Versus

State Of Up And 8 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)        : Sr. Advocate, Tejas Singh
Counsel for Respondent(s)        : C.S.C., Divyanshu Nandan Tripathi,
                                   Utkarsh Khanna, Vineet Sankalp

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

1. Heard Sri Tejas Singh, learned counsel for the petitioner, Sri
Divyanshu Nandan Tripathi, learned counsel for the contesting
respondent, learned Standing Counsel for the State respondents, Sri
Vineet Sankalp, learned counsel representing the Nagar Nigam, Varanasi
and Sri Ravi Prakash Pandey, learned counsel for Varanasi Development
Authority.

2. Supplementary affidavit filed by learned counsel for the petitioner
today is taken on record.

3. With regard to a neighbouring plot, when an application for sanctioning
of map was refused on the basis of the fact that the road on which the
neighbouring plot is situate, had enroachments, then certain marks were
put outside the petitioner's adjacent plot as well. Anticipating that the
marks were being put for the purpose of demolition, the petitioner
approached this Court by means of the instant writ petition and this Court
vide order dated 12.03.2026 had directed in paragraph no. 19 of that order
that no coercive action shall be taken against the constructed boundary
wall of the petitioner's campus by the Municipal Corporation as well as
the State Authority without leave of the Court. This being the position, the
petitioner's construction may now be saved.

4. We have recently heard the writ petition filed by the owner of the
neighbouring plot being Writ -C No. 32297 of 2025 and we have passed
                                                               WRIC No. 9080 of 2026
                                   2


the following order :-

     "1. Heard Sri Divyanshu Nandan Tripathi, learned counsel for the
     petitioner, learned Standing Counsel for the State respondents, Sri Vineet
     Sankalp, learned counsel representing the Nagar Nigam, Varanasi and
     Sri Ravi Prakash Pandey, learned counsel for Varanasi Development
     Authority.

     2. The instructions filed by learned counsel for the Varanasi Development
     Authority are taken on record.

     3. Essentially, we find that the petitioner was aggrieved by the remarks of
     respondent no. 2 which were made on 07.08.2025 with regard to there
     being encroachment over the road situated outside the plot of the
     petitioner.

     4. Learned counsel for the petitioner submits that it was not within his
     domain to remove the encroachment over the land which belongs to
     Public Works Department.

     5. However, today when the case was taken up, learned counsel
     representing Varanasi Development Authority has produced before us an
     order of the Authority dated 28.04.2026 whereby the sanction of map
     applied by the petitioner had been refused. Learned counsel for the
     Development Authority states that the petitioner has every right to file an
     appeal under Section 15(5) of the U.P. Urban Planning and Development
     Act, 1973.

     6. Under such circumstances, without going into the merit of the case, we
     direct that the petitioner may challenge the order passed by the Varanasi
     Development Authority by filing an appeal under Section 15(5) of the
     Act, 1973 ventilating his grievances and if any appeal is filed within a
     period of 15 days from today, then without going into the question of
     limitation, the same shall be decided within a period of two months
     strictly in accordance with law.

     7. With the aforesaid observations, the instant writ petition stands
     disposed of."
                                                                                              WRIC No. 9080 of 2026
                                                                    3


                                    5. As the petitioner was aggrieved by the putting of marks outside his plot
                                    by the Public Works Department, he filed his objections before the
                                    Executive Engineer, Public Works Department and stated that they, in any
                                    manner, have not encroached upon the land in question. In pursuance of
                                    the said objection, there is a report of Public Works Department dated
                                    26.02.2026 stating specifically that there is no encroachment upon the
                                    road.

                                    6. As we have relegated the petitioner in Writ C No. 32297 of 2026 to avail
                                    the alternate remedy of appeal and as the present action of putting red mark
                                    was due to the objection put in the yet to be sanctioned map of the petitioner
                                    in the other writ petition, therefore, further action, if any, against the
                                    petitioner can only be carried out if there is a specific direction overturning
                                    the report and thereafter following the due process of law i.e. giving notice
                                    and providing opportunity of hearing to the petitioner.

                                    7. With the aforesaid observations, the instant writ petition along with all
                                    the pending applications stand disposed of.



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




Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad