Court No. - 34
Case :- WRIT - C No. - 28142 of 2021 Petitioner :- Dinesh Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri A. K. Malviya, learned counsel for the petitioners as well as learned Standing counsel for the respondents.
2. Present writ petition has been filed seeking a relief to direct the respondents not to demolish the house of the petitioners in pursuance of the oral order passed by respondent No.3. This Court had directed the Standing counsel to seek instructions.
3. Today when the mater has been taken up Standing counsel has placed a written instructions supplied by Sub Divisional Officer, Sevrai, Ghazipur in which it has been stated that notice with regard to illegal possession has been given to the respective parties including the petitioners and a reply has been sought and 9.11.2021 has been fixed as the next date in the said proceedings.
4. Learned Standing counsel submits that the proceedings of demarcation demolition can take place only after passing of the final order and looking into the instructions it is clear that there is no demarcation process being carried out before 9.11.2021which is the next date fixed in the matter. Consequently, considering the aforesaid stand of the State as has been brought forth by the instructions it is clear that further proceeding are subject to final orders to be passed by the authority concerned. Needless to say that the authority concerned while passing final orders shall also consider the reply of the petitioners and afford opportunity of personal hearing before passing of the said order and copy of the same be given to the petitioners before demolition takes place.
5. The instructions are taken on record.
6. With aforesaid direction the petition stands disposed of.
7. It is made clear that till final orders are passed the respondents shall not proceed to demolish the house of the petitioners.
Order Date :- 28.10.2021 (Alok Mathur, J.) RKM.