Court No. - 29
Case :- WRIT - C No. - 19797 of 2018 Petitioner :- Mangu Khan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Dubey,Rishu Mishra Counsel for Respondent :- C.S.C.,Kartikeya Saran
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and Sri Devesh Saxena holding brief of Sri Kartikeya Saran for the Ghaziabad Development Authority.
By means of this petition, the petitioners have prayed for quashing of the impugned notice dated 19.5.2018 issued by the Ghaziabad Development Authority under Section 26(A-4) of the U.P. Nagar Planning & Development Act, 1973 for removing the alleged unauthorized occupation.
Learned counsel for the petitioners submits that the petitioners had already submitted a detailed reply to the first notice dated 12.4.2018 but without taking into consideration and finalizing the proceedings, fresh impugned notice dated 19.5.2018 has been issued for no rhyme and reason just to harass the petitioner.
Learned counsel for the Development authority submits that it is only a show cause notice and in case the petitioners so choose they may file a reply to the same and the concerned authority shall take appropriate decision thereon.
Considering the facts, we dispose of the writ petition leaving it open to the petitioners to submit a reply to the impugned notice dated 19.5.2018 within three weeks from today. In case the reply is submitted, the concerned authority shall proceed to consider and take appropriate decision thereon expeditiously preferably within a period of two months from the date of receipt of the reply. Till notice is finally adjudicated upon, no coercive action shall be taken against the petitioners.
It is being made clear that the authority shall be free to take a decision after considering the reply of the petitioners on its own merits without being influenced by any of the observations made herein above as we have not entered into the merit of the case.
Order Date :- 29.5.2018 A.K.Srivastava