Court No. - 39
Case :- WRIT - C No. - 18247 of 2021 Petitioner :- Adarsh Tripathi Respondent :- State of U.P. and Another Counsel for Petitioner :- Dharmendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Vibhu Rai
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The instant writ petition has been filed for a mandamus directing the respondents to dispose of the map sanction application of the petitioner dt 18.3.2021 in respect of Plot No. 6 of Arazi No. 161, Area 125.42 sq. mtr., Village Lakhanpur, District Kanpur Nagar.
On 20.9.2021, the following order was passed:
"Counsel for the Kanpur Development Authority, Kanpur states that the building plan was not approved and was rejected by order dated 28.8.2020. He seeks time to produce the same before this Court.
Put up as fresh on 24.09.2021.
When the matter is listed next, name of Sri Vibhu Rai shall be shown as counsel for Kanpur Development Authority, Kanpur."
On matter being taken up today, learned counsel for the K.D.A. has placed on record the order dated 28.8.2020 by Town Planner K.D.A., Kanpur addressed to the petitioner. The subject matter of the communication is request of the petitioner for approval of building plan over Arazi No. 168-M, Village Lakhanpur, Tehsil Kanpur Nagar.
The communication seeks to reject the request of the petitioner for sanction of building plan on the ground that the land in question is acquired land.
Having regard to the above facts, we are of the opinion that the instant petition is wholly misconceived. The petitioner is not entitled to any relief unless the earlier order rejecting his application for approval is subjected to challenge in an appropriate proceeding.
The writ petition is accordingly dismissed with aforesaid liberty reserved in favour of the petitioner.
A copy of order dated 28.8.2020 has been handed over to learned counsel for the petitioner in Court.
(Deepak Verma,J.) (Manoj Kumar Gupta,J.) Order Date :- 24.9.2021 CS/-
Digitally signed by Manoj Kumar Gupta Date: 2021.09.24 15:16:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Deepak Verma Date: 2021.09.24 15:19:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad