Manish Gupta And Others vs State Of U.P. Thru Secy. And Others
2024 Latest Caselaw 38848 ALL

Allahabad High Court

Manish Gupta And Others vs State Of U.P. Thru Secy. And Others on 25 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:184395-DB
 
Chief Justice's Court
 

 
Case :- WRIT - C No. - 55956 of 2012
 

 
Petitioner :- Manish Gupta And Others
 
Respondent :- State Of U.P. Thru Secy. And Others
 
Counsel for Petitioner :- Kunal Ravi Singh,Ram Krishna Yadav,Sudeepta Kumar Pal
 
Counsel for Respondent :- Ankit Singh,Kashif Zaidi,Pradeep Kumar,Shikhar Kaushal,Shivam Yadav
 

 
Hon'ble Arun Bhansali,Chief Justice
 
Hon'ble Vikas Budhwar,J.
 

1. This writ petition is being filed by the petitioners seeking a direction to the respondents to restore the constructions to conform to the sanctioned plan of 2008 and to demolish or remove all unauthorised constructions of rooms/stores in the basement of towers 1 to 22, additional storeys in towers 23 and 24, additional tower no.25 and illegal private gardens and parks created out of common areas.

2. Further prayer has been made seeking quashing of the revised plan issued for the constructions of rooms/stores in the common basement area of towers 1 to 22 inside the approved scheme.

3. Counsel for the Respondent No.4 submits that the issue raised in the present petition stands sqarely coveredby orders passed in Writ-C No.24860 of 2015, Dipesh Jain v. State of U.P. and three others, against which a Special Leave to Appeal No.2446 of 2017 has been decided by Hon'ble Supreme Court permitting the petitioner therein to file a review petition whereafter Review Petition No.121252 of 2017 filed in Writ-C No.24860 of 2015 has already been decided and dismissed and, therefore, the present petition also deserves to be dismissed.

4. Counsel for the petitioners does not dispute the fact that issue as raised in the present writ petition is squarely covered by order in the case of Dipesh Jain (supra) qua which SLP was dismissed and review petition has also been dismissed.

5. In view of above fact situation, following the judgment in the case of Dipesh Jain (supra) of a coordinate Bench of this Court, the present writ petition is also dismissed.

 
Order Date :- 25.11.2024
 
N.S.Rathour/A.Prajapati
 
(Vikas Budhwar, J)    (Arun Bhansali, CJ)