Court No. - 29
Case :- WRIT - C No. - 41133 of 2019 Petitioner :- Munni Lal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Gupta,Harish Chandra Counsel for Respondent :- C.S.C.,Devi Prasad Mishra
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Shri Rajiv Gupta, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The petitioners have preferred this writ petition for quashing the order dated 26.11.2019, issued by the Secretary, Prayagraj Development Authority, whereby directions have been issued to the police-authorities to ensure that no one disturb the constructions, which are being raised by the allottees over the land of Plots No.234 & 235 situate at Village-Phaphamau,i.e., Plot No.51, Sector F-II, Shantipuram Avas Yojna.
It appears that aforesaid plot has been carved out on the land, which was declared to be surplus under the Urban Land (Ceiling & Regulation) Act, 1976. The petitioners filed separate petitions, namely, Writ-C No.67046 of 2013 (Munni Lal & another vs. State of UP & 3 others) and Writ-C No.41212 of 2014 (Buddhu Lal @ Buddhu vs. State of UP and 3 others) alleging that with the repeal of the aforesaid Act, they continued to be the owner in possession of the aforesaid land. The aforesaid writ petitions were duly entertained and interim orders for maintaining status quo were passed in both of them. Unfortunately, the said writ petitions have been dismissed for want of prosecution.
In the meantime, as the land was declared to be surplus and the possession of it was alleged to have been taken over by the State and transferred to the Prayagraj Development Authority, it was developed and a plot aforesaid was carved out, which has been allotted to a third-party.
The petitioners, as such in challenging the above order, want that no construction over Plots No.234 and 235 should be made till the finalization of the above referred two writ petitions on merits.
The fact remains that the above writ petitions as on date stands dismissed and as such there is no interim order operating therein. There is no order of any Court or authority or even the allottee of the plot, which restrains the Prayagraj Development Authority from developing the said land.
In view of the above, unless and until, the aforesaid writ petitions are restored along with the stay orders passed therein or are decided in their favour, the petitioners have no right to stop the development/construction work over the said plots or the land, declared to be surplus.
In view of the aforesaid facts and circumstances, it would be appropriate for the petitioners to move applications in the above writ petitions for the recall of the orders dismissing the said petitions, which the counsel for the petitioners submits, have already been filed. If that be so, the petitioners may press those applications and get the matter adjudicated on merits otherwise, the petitioners are not entitled to any relief.
There is no error or illegality on part of the Pryagraj Development Authority in issuing the impugned directions to the local police when the writ petitions of the petitioners stand dismissed for one reason or the other.
The writ petition, accordingly, lacks merit and is hereby dismissed.
Order Date :- 17.12.2019 LN Tripathi