Chief Justice's Court
Case :- WRIT - C No. - 11345 of 2018 Petitioner :- Pt. Nawin Sharma Respondent :- Agra Development Authority And 3 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard the petitioner-in-person. The only prayer made in the writ petition reads thus:
"1. to issue a writ, order or direction in the nature of mandamus- commanding the Respondent No:1 to demolish the illegal construction on the public street [Dagra No: 534] on 100'Ft Vayu Vihar, Master Plan Road, Patholi, Agra made by the Respondent No:4, as the time frame of 40 days, prescribed U/S 27 of the U.P. Urban Planning & Development Act 1973, expired on 19th February, 2018. & the demolition order dated 09-01-2018 has not been implemented."
The petitioner-in-person had earlier filed a writ petition bearing No. 51078 of 2017 and the said writ petition was disposed of by the following order:
"The submission of learned counsel appearing for respondent no.1 that respondent no.1 have issued a show cause notice to respondent no.4 is accepted. Copy of the show cause notice is also taken on record. In view thereof, we direct respondent no.1 to consider and decide the show cause notice in accordance with law, as expeditiously as possible and preferably within a period of eight weeks from today. In the meanwhile, respondent no.1 shall ensure that respondent no.4 shall not make any further construction pending the disposal of the show cause notice. It is needless to mention that while considering and deciding the show cause notice, respondent no.1 shall follow the due process of law. While passing this order, it is made clear, that this Court has not examined merits of the case."
Thereafter, we are informed that the respondent-Development Authority passed order of demolition against which respondent No. 4 has filed an appeal before the Appellate Authority and it is pending. We are further informed that the petitioner is not a party-respondent in the appeal. In view thereof, this petition, in our opinion, is not maintainable and dismissed as such.
Order Date :- 28.3.2018 VMA (Dilip B Bhosale, CJ) (Suneet Kumar, J)