Court No. - 29
Case :- WRIT - C No. - 18937 of 2019 Petitioner :- Naresh Chandra And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sharad Saran Srivastava Counsel for Respondent :- C.S.C.,Pramod Kumar Srivastava
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners and Sri Pramod Kumar Srivastava, learned counsel for respondent no. 4.
The petitioners have come up in this writ petition against the notice dated 17th May, 2019, issued by the Executive Officer, Adarsh Nagar Panchayat, Manjhanpur, District Kaushambi.
The petitioners by the said notice have been informed that they are in illegal possession of land of Gata No. 85 which is recorded as land of Category 6-1 as non agricultural for public utility purposes. The petitioners have raised un-authorized construction on the same, therefore, they are required to submit their explanation along with supporting material failing which the same shall be removed.
The petitioners in response to the said notice have already submitted a reply which has been filed as Annexure-2 to the writ petition. The said reply is said to have been sent by Registered/Speed Post on 22.5.2019. It is alleged that so far no final decision in pursuance to the aforesaid notice has been taken by the respondent no. 3.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with the liberty to the petitioners to file a reply to the aforesaid notice afresh within a period of two weeks from today personally before the respondent no. 4. In case any such reply is filed, the respondent no. 4 shall consider the same as well as earlier reply sent by Registered/Speed post in accordance with law, preferably within a period of six weeks of the submission of the fresh reply.
For a period of two months or till passing of the final order whichever is earlier the construction of the petitioners shall not be demolished.
The writ petition is disposed of accordingly.
Order Date :- 29.5.2019 M.A.Ansari