Chief Justice's Court
Case :- WRIT - C No. - 10871 of 2018 Petitioner :- Mohammad Arshad And 55 Others Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Vikas Budhwar,Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.,Ram Bahadur Singh
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Vikas Budhwar, learned counsel for the petitioners and Mr. Dhananjaya Kumar, learned Advocate, holding for Mr. Ram Bahadur Singh, learned counsel for respondent no.4.
Counsel for the petitioners, at the outset, invites our attention to the order dated 28.02.2018 passed in Writ-C No. 7988 of 2018 and submits that the petitioners in that writ petition and the petitioners in the instant writ petition are similarly placed and this writ petition can also be conveniently disposed of in terms of the order dated 28.2.2018 whereby that writ petition was disposed. Counsel appearing for respondent Nos. 3 and 4 has no objection for passing such an order. In the circumstances, we dispose of this writ petition in terms of the order dated 28.2.2018. The order dated 28.2.2018 reads thus:
"It is contended that without giving any show cause notice and opportunity of hearing to the petitioners, the impugned notice in the form of direction to remove illegal encroachment has been issued by the respondent No.4, which is patently illegal. It is further contended that petitioners are running their business for the last 20 years in the said premises.
Considering the fact and the issue is one which requires adjudication into the question of fact as such no useful purpose would be served in keeping the writ petition pending. In the interest of justice, the notice to remove the encroachment shall be treated as a notice, to which the petitioners may file their respective replies within three weeks annexing therewith all the relevant documents in support of their respective claims before respondent no.5. Upon receipt of such reply, the respondent No.5-Executive Officer, Nagar Palika Parishad, Pooranpur, District-Pilibhit, the competent authority shall proceed to consider and decide the matter in accordance with law by a reasoned and speaking order within a period of six weeks from today.
Till the disposal of the objections filed by the petitioners, status quo in respect of the nature and possession over the property in dispute as exists today shall be maintained by both the parties."
The period of six weeks, mentioned in the aforesaid order, insofar as the petitioners are concerned, shall commence to run from today.
Order Date :- 23.3.2018 RK (Suneet Kumar, J) (Dilip B Bhosale, CJ)