Court No. - 32
Case :- WRIT - C No. - 38774 of 2019 Petitioner :- M/S Meera Associates And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Nitin Sharma Counsel for Respondent :- C.S.C.,Prem Shankar Yadav
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, inter alia, for the following relief;
i) Issue a writ order or direction in the nature of mandamus directing the respondents to register the proposed transfer/sale deeds/ covenants of the petitioners of their land situated at Khasra no. 1339(aa) measuring 1.1220 hectare, khasra no. 133(ba) measuring 0.7730 hectare khasra no. 134 measuring 1.9220 hectare situated at Noor Nagar, Pargana Tehsil and District Meerut which are not earmarked for open space/park in Master Plan/ Meerut Mahayojna 2021 within the time stipulated by the Hon/ble Court.
ii) issue a writ order or direction in the nature of mandamus directing the respondents not to stop the petitioners from transferring/sale of their land situated at Khasra no. 1339(aa) measuring 1.1220 hectare, khasra no. 133(ba) measuring 0.7730 hectare khasra no. 134 measuring 1.9220 hectare situated at Noor Nagar, Pargana Tehsil and District Meerut which are not earmarked for open space/park in Master Plan/Meerut Mahayojna 2021 as enumerated in the information/map dated 22.7.2019 provided by the respondent no.2.
iii) issue a writ order or direction in the nature of mandamus directing the respondents not to stop the registration of sale dees executed by the petitioner with regard to land at Khasra no. 1339(aa) measuring 1.1220 hectare, khasra no. 133(ba) measuring 0.7730 hectare khasra no. 134 measuring 1.9220 hectare situated at Noor Nagar, Pargana Tehsil and District Meerut which are not earmarked for open space/park in Master Plan/Meerut Mahayojna 202.
iv) issue a writ order or direction in the nature of mandamus directing the respondents to consider the representation of the petitioner and pass appropriate in accordance with law and procedure within time stipulated by the Hon'ble Court."
Learned counsel for the petitioners has submitted the the petitioners have filed an application for redressal of their grievance before the authority concerned and the same is still pending. He further prayed that the petitioners may be permitted to make a fresh representation before the concerned authority in respect of their grievances with a direction to the concerned authority to decide the same within a stipulated period.
Heard learned counsel for the petitioner, learned standing counsel for the State respondents and Sri Prem Shankar Yadav, learned counsel for the respondent no.2.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to make a fresh representation before the respondent no.3 ventilating all their grievances and enclosing all the relevant documents in support of its case, within a period of two weeks from today along with certified copy of this order. In case such representation is filed within the time specified, the same shall be considered and decided by the authority concerned in accordance with law, by a reasoned and speaking order, preferably within a period of six weeks thereafter.
Order Date :- 28.11.2019 samz