Court No. - 21
Case :- WRIT - C No. - 7988 of 2018 Petitioner :- Akil Khan Ajiji And 17 0rs. Respondent :- State Of U.P. And 5 Ors. Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- C.S.C.,Vijay Kumar Dixit
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for the respondents 1 to 3 and Sri Ram Bahadur Singh, learned counsel holding brief of Sri Vijay Kumar Dixit, learned counsel for the respondents No.4 and 5.
It is contended that without giving any show cause notice and opportunity of hearing to the petitioners, the impugned notice in the form of direction to remove illegal encroachment has been issued by the respondent No.4, which is patently illegal. It is further contended that petitioners are running their business for the last 20 years in the said premises.
Considering the fact and the issue is one which requires adjudication into the question of fact as such no useful purpose would be served in keeping the writ petition pending. In the interest of justice, the notice to remove the encroachment shall be treated as a notice, to which the petitioners may file their respective replies within three weeks annexing therewith all the relevant documents in support of their respective claims before respondent no.5. Upon receipt of such reply, the respondent No.5-Executive Officer, Nagar Palika Parishad, Pooranpur, District-Pilibhit, the competent authority shall proceed to consider and decide the matter in accordance with law by a reasoned and speaking order within a period of six weeks from today.
Till the disposal of the objections filed by the petitioners, status quo in respect of the nature and possession over the property in dispute as exists today shall be maintained by both the parties.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 28.2.2018 Ashish Tripathi