Court No. - 21
Case :- WRIT - C No. - 26937 of 2019 Petitioner :- Durga Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Karunesh Pratap Singh,Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Adya Prasad Tewari,Pranjal Mehrotra,Sheo Shankar Tripathi,Sunil Kumar Misra
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The petitioner has instituted this writ petition for issuance of a writ of certiorari to quash the notice date 02.08.2019 issued by the Executive Engineer, Construction Division, Awas Ewam Vikas Parishad, respondent no.2.
The learned counsel for the petitioner submits that it is an unsigned notice and the petitioner's house is situated at his ancestral land.
We have heard the learned counsel for the petitioner and Sri Pranjal Mehrotra, the learned counsel appearing for respondent no.2.
We are not issuing any notice to the respondent no.3 as we have protected its interest in this order.
With the consent of the learned counsel for the parties the matter is taken on the Board for final disposal in terms of the Rules of the Court.
Taking into consideration the facts of the case that the petitioner has challenged the notice whereby he has been called upon to submit the reply.
We are of the view that the ends of justice would be subserved by granting liberty to the petitioner to submit reply to the said show cause notice within two weeks, if he has not already done. The respondent no.2 is directed to consider the cause of the petitioner and pass an appropriate speaking order expeditiously preferably within two months from the date of production of a certified copy of this order. We also grant liberty to the petitioner to file a fresh representation along with a certified copy of this order within ten days from the date of receipt of a certified copy of this order.
Needless to say that we have not adverted the matter on merit and the authority concerned shall pass an appropriate order independently in accordance with law.
We hope and trust that till the cause of the petitioner is not considered, no demolition shall be made to the house in question.
Accordingly, the writ petition is disposed of.
Order Date :- 27.9.2019 MAA/-