Court No. - 40
Case :- WRIT - C No. - 18924 of 2018 Petitioner :- Kunwar Pal Singh And 17 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dileep Kumar Srivastava Counsel for Respondent :- C.S.C.,M J Akhtar
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard Sri D.K.Srivastava, learned counsel for the petitioners and Sri M.J.Akhtar, learned counsel for the respondent.
The 18 petitioners have filed this writ petition assailing the recovery sought to be made from the petitioners under the citation dated 23.01.2018 issued by the District Magistrate, Kushi Nagar for realization of the past dues of rent of the premises that was in the occupation of the petitioners on settlement by the respondent no.3 Zila Panchayat, District Kushi Nagar.
We have heard Sri M.J.Akhtar, learned counsel for the Zila Panchayat. Today a supplementary affidavit has been filed by the petitioners and in paragraph no.5 the following assertions have been made :
"That the reply filed by the petitioners on 19.07.2017 of the notice dated 24.05.2017 of the notice dated 24.05.2017, it is made clear that the National Highway Authority of India acquired the area 0.088 hectare out of 1.2260 hectare situated in Gram Sabha-Deoria Dehat (Shahjahanpur), Tehsil-Hata, District Kushinagar in the year 2004-05 for widening the NH- 28 and National Highway Authority of India demolished the shop of the petitioners and at present some portion of the shop of the petitioners having area 9x5 Feet and in East side 9x3 Feet is rest after the demolition, in which petitioners are in possession by opening their shop."
Further the affidavit states that on account of the construction of the National Highway a major part of the constructions have been demolished as a result whereof the petitioners were deprived of full enjoyment of their shop that was in their possession. Consequently the rent of the entire shop which was originally allotted and was of the size of 9x21 Feet stood substantially reduced and consequently the respondent Zila Panchayat can not recover the rent of the entire shop.
This in our opinion is a question of fact and deserves to be determined by the Zila Panchayat for which it will be open to all the petitioners to file an application before the respondent no.3 who shall consider the same in accordance with law and the grievances raised by the petitioners and then pass an appropriate order within a period of six weeks from the date of presentation of a certified copy of the order.
Till orders are passed by the respondent no.3 the impugned recovery proceedings against the petitioners shall remain in abeyance. The writ petition is disposed of with the said directions.
Order Date :- 30.5.2018 R./ .
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Court No. - 40
Case :- WRIT - C No. - 18924 of 2018 Petitioner :- Kunwar Pal Singh And 17 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dileep Kumar Srivastava Counsel for Respondent :- C.S.C.,M J Akhtar
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Orders on Amendment Application Heard Sri D.K.Srivastava, learned counsel for the petitioners and Sri M.J.Akhtar, learned counsel for the respondent.
The amendment aplication is allowed to the extent as prayed for.
Order Date :- 30.5.2018 R./