Court No. - 21
Case :- WRIT - C No. - 26800 of 2020 Petitioner :- Manish Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishal Khandelwal Counsel for Respondent :- C.S.C.,Sudhanshu Kumar,Suresh C. Dwivedi
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Vishal Khandelwal, learned counsel for the petitioner, learned Standing Counsel for the State-Respondent and Shri Suresh C. Dwivedi, learned counsel for the respondent nos.2 to 4.
The present petition has been preferred by the petitioners for the following relief:-
"(i) Issue a writ order or direction in the nature of mandamus commanding the Respondent no.3, The Commissioner, Agra Division, Agra/The Chairman, Agra Development Authority, Agra to expeditiously decide the stay application dated 26.10.2020 filed by the petitioner along with his Appeal No.1137/2020 [Computerized No.C-202001000001137] Manish Gupta Vs. Agra Development Authority, Agra under Section 28A(4) of the "Uttar Pradesh Urban Planning & Development Act, 1973", pending before it.
(ii) Issue a writ order or direction in the nature of mandamus commanding the Respondent No.2 The Agra Development Authority, Agra not to seal the disputed property comprising of "Ess Ess Convent Senior Secondary School, Karmyogi Enclave, Kamla Nagar, Agra".
Learned counsel for the petitioner states that for redressal of his grievances the petitioner has moved an application to the respondent no.4 on 26.10.2020 and his appeal, which is pending before the Commissioner,. Agra may be directed to be decided expeditiously.
The aforesaid prayer has not been objected by learned counsel for the respondents.
In view of the above, without expressing any opinion on the merits of the case and with the consent, the writ petition is disposed of asking the appellate authority i.e. The Commissioner, Agra Division, Agra/ The Chairman, Agra Development Authority, Agra, respondent no.3 to expedite the stay application and try to dispose of the same expeditiously, preferably within a period of two months from the date of production of a copy of this order, without granting unnecessary adjournments to either of the parties, but certainly after according opportunity of hearing to all the stake holders in the matter.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 T. Sinha