Court No. - 39
Case :- WRIT - C No. - 19790 of 2021 Petitioner :- Amit Kumar Mishra Respondent :- State Of U P And And 4 Others Counsel for Petitioner :- Pradeep Kumar Rai,Ashutosh Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The instant petition has been filed challenging notices dated 22.01.2021 and 07.04.2021 issued by respondent nos. 4 and 5 respectively. By the first notice issued to Radhey Shyam father of the petitioner respondent no. 4 directed him to remove Akashdeep Guest House as it was alleged to be an encroachment over public road. By second notice dated 07.04.2021 issued by respondent no. 5 in the name of petitioner, he has been called upon to produce relevant records and information within three days and also remove unauthorized constructions, failing which the same would be removed and cost of removal realized from him. The case of the petitioner is that after receipt of first notice, his father submitted detailed reply dated 25.01.2021. It is an admitted fact that thereafter father of the petitioner has died. The case of the petitioner is that without considering the reply submitted by his father, respondent no. 5 had issued second impugned notice in the name of petitioner. Learned counsel for the petitioner states that petitioner does not wish to file any separate reply other than the one submitted by his father. The respondents are acting in illegal manner in threatening to demolish his constructions without considering the reply submitted by his father.
Learned Standing Counsel is not in a position to dispute that without considering the reply submitted by the deceased father of the petitioner, the respondents cannot proceed with the demolition. He further states that the reply submitted by the father of the petitioner shall be considered by the respondent authorities before taking any coercive steps.
Accordingly, the petition is disposed off with direction to respondent no. 4 to pass speaking order taking into consideration the explanation submitted by the deceased father of the petitioner before taking any coercive step against him in pursuance of impugned notices. The petitioner is directed to submit true attested copy of the instant order before the respondent no. 4 within two weeks from today. The impugned notices shall abide by the decision that is taken by the respondent no. 4 in pursuance of instant order.
(Deepak Verma,J.) (Manoj Kumar Gupta,J.) Order Date :- 24.8.2021 Vikram