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2021 Supreme(All) 1529

SURYA PRAKASH KESARWANI, GAUTAM CHOWDHARY
Sita Devi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Chandra Shekher Singh, Vinay Singh.
For the Respondent: G.A., Brijendra Kumar.

JUDGMENT :

1. On oral request of learned counsel for the petitioner, Principal Secretary Urban Planning and Development, Government of Uttar Pradesh, Lucknow, is allowed to be impleaded as respondent no. 4.

2. Necessary correction in the array of parties be carried out during the course of the day.

3. Heard Sri Chandra Shekher Singh, learned counsel for the petitioner, Sri Patanjali Mishra, learned A.G.A. for respondent nos. 1 and 2 and Sri V.K. Ojha, learned counsel for respondent no. 3.

4. This writ petition has been filed praying for the following reliefs:-

    "i. To issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 08.03.2021 registered against the petitioner as Case Crime No. 0219 of 2021, P.S. Naini, Prayagraj, under section 447 I.P.C. and 28(1) U.P. Urban Planning and Development Act, 1973, (Annexure No. 1 to this Writ Petition).

ii. To issue a writ, order or direction in the nature of mandamus commanding the Respondent no. 4 not to arrest the Petitioner during the pendency of this writ petition."

5. The petitioner is the wife of a retired army personnel. It appears that in the year 2013-2014, she started constructions ov

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