Court No. - 39
Case :- WRIT - C No. - 14609 of 2021 Petitioner :- Ayaz Kamal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C.,Shivam Yadav Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Prayer in the writ petition is as follows:
"A) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.3 to take appropriate action against the respondent no.4 in pursuance of the application of the petitioner dated 13-01-2021 made before the respondent no.2."
Sri Shivam Yadav learned counsel is appearing on behalf of the respondent no.3.
A perusal of the record indicates that on the complaint made by the petitioner the construction-in-question being raised by the respondent no.4 had been sealed by the Kanpur Development Authority.
The petitioner however, made another complaint on Jan Sunvayi portal before the Commissioner, Kanpur Nagar. The same was forwarded to the office of the Vice Chairman, Kanpur Development Authority.
A perusal of the record indicates that the communication dated 15.1.2021 has been sent by the Vice Chairman, Development Authority stating therein that the unauthorised construction being raised by the respondent no.4 had been sealed on 22.12.2020 and the Station House Officer of the concerned police station had been directed to ensure that the seal is not broken and no activities continue in the premise concerned.
The submission of the learned counsel for the petitioner is that despite the said direction and the proceedings undertaken against the respondent no.4, she is still continuing with the construction. The petitioner further claims to be the co-owner of the plot-in-question.
In the said scenario, the appropriate course of action for the petitioner is to file a suit seeking appropriate relief. No further direction in this regard can be issued.
The writ petition is, accordingly, disposed of.
Order Date :- 29.7.2021/Harshita