Court No. - 21
Case :- WRIT - C No. - 6858 of 2018 Petitioner :- Mohammad Shafiullah Respondent :- Gorakhpur Development Authority And 3 Others Counsel for Petitioner :- Deepak Kumar Jaiswal,Kailash Choudhary Counsel for Respondent :- K.R. Singh
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner has preferred this writ petition for a direction upon respondent nos. 1 to 3 to take decision on his applications regarding compliance of demolition order dated 6.1.2017 passed by Gorakhpur Development Authority, the third respondent.
The grievance of the petitioner is that the fourth respondent has raised an illegal construction. The third respondent after issuing notice has passed an order of demolition on 6.1.2017, however, the said order has not been complied with. On the last occasion i.e. on 20.2.2018 the matter was stand over to enable learned counsel for the petitioner to state on affidavit whether the private respondent has filed an appeal against the order under Section 27(1) of the U.P. Urban Planning and Development Act, 1973.
It is stated that a supplementary affidavit has been received by the respondent wherein the petitioner has enclosed a copy of questionnaire to demonstrate that on the record of the Development Authority there is no document to indicate that the appeal has been filed. A xerox copy of the supplementary affidavit supplied by learned counsel for G.D.A. is taken on record.
In view of the aforesaid facts no useful purpose would be subserved by keeping this writ petition pending as no notice has been issued to the fourth respondent. We are disposing of the writ petition without issuing any notice to the fourth respondent as the order proposed to be passed would protect the interest of the fourth respondent.
We have heard Sri K.R. Singh, learned counsel for the second and third respondent and perused the record.
Having due regard to the facts of the case, we are of the view that the ends of justice requires that liberty be granted to the petitioner to move a fresh representation along with certified copy of this order to the second respondent for redressal of his grievance. In the event any such representation is made, the second respondent after furnishing opportunity to the fourth respondent shall pass appropriate order in accordance with law expeditiously, preferably within three months from the date of communication of this order.
We make it clear that we have not expressed our opinion on the merits of the case. The authority concerned shall pass the order independently and in accordance with law.
The writ petition is, accordingly, disposed of. No order as to costs.
Order Date :- 27.11.2018 Digamber