Ashish Kumar Mishra, Advocate v. State of U.P. Thru Chief Secy. Lok Bhawan Civil Secrt. Lko and Ors

Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1205 of 2023 Petitioner :- Ashish Kumar Mishra, Advocate Respondent :- State Of U.P. Thru Chief Secy. Lok Bhawan Civil Secrt. Lko And Ors. Counsel for Petitioner :- Satish Kumar Misra,Dr.Mohd.Kamran,Gaurav Tewari Counsel for Respondent :- C.S.C.,Puneet Chandra,Ratnesh Chandra Hon'ble Attau Rahman Masoodi,J. Hon'ble Jaspreet Singh,J.

¶1Heard learned counsel for the petitioner and Sri Ratnesh Chandra who has put in appearance on behalf of the LDA.

¶2This writ petition purported to be filed in public interest has raised a grievance with respect to some buildings being constructed in deviation of the master/zonal plan.

¶3There is no material placed on record either relating to the sanctioned map of the buildings of which photographs have been filed nor there is any evidence on record to the effect that any of the buildings regarding which the deviation from sanctioned map is alleged, were ever sealed or otherwise intercepted for the purposes of carrying out any further construction.

¶4In the absence of any convincing documents in support of the plea that master/zonal plan or sanctioned map have been deviated/violated while raising the construction, we are unable to appreciate general argument made by the petitioner that the building norms for the purpose of construction are violated.

¶5At this stage, learned counsel for the petitioner has prayed that he may be permitted to withdraw this writ petition with liberty to institute the same afresh enclosing all the relevant material constituting the cause.

¶6The writ petition is accordingly dismissed as withdrawn, with the liberty as prayed for. Order Date :- 22.12.2023 Fahim/- High Court of Judicature at Allahabad, Lucknow Bench