Case :- WRIT - C No. - 56755 of 2017 Petitioner :- Rajeev Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukesh Kumar Pandey Counsel for Respondent :- C.S.C.,Devi Prasad Mishra
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
The petitioner claims to have filed an Appeal under Section 27(2) of the U.P. Urban Planning and Development Act, 1973 against an order passed by the Allahabad Development Authority for demolition of the construction.
It is pointed out by learned counsel for the petitioner that though the Appeal along with the Stay Application was filed on 22 November 2017 but without passing any order on the stay application, the Appeal has been directed to be listed on 29 December 2017. The submission is that in view of the urgency of the matter, the Appellate Authority should pass an order on the stay application.
Learned Standing Counsel appears for respondent nos.1 and 4. Sri Raj Mohan Upadhyay has appeared for respondent nos.2 and 3.
Learned counsel for the respondents state that they can have no possible objection to an order being passed on the stay application.
This writ petition is, accordingly, disposed of with a direction to the Appellate Authority to make all endeavours to pass an order on the stay application filed by the petitioner with the Appeal expeditiously and preferably within a period of two weeks from the date a certified copy of this order is filed by the petitioner.
of the case and it will be for the Appellate Authority to take a decision in accordance with law.
Order Date :- 29.11.2017 SK (Dilip Gupta, J.) (Jayant Banerji, J.)