Court No. - 39
Case :- WRIT - C No. - 18776 of 2021 Petitioner :- Ram Bhawan Yadav Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Shri Niwash Yadav,Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State and perused the record.
The present writ petition has been filed seeking for quashing of the impugned order dated 03.05.2021 passed by respondent no.3, i.e. the Nagar Magistrate/Prescribed Authority, to stop the transport business in the building constructed over the land reserved for the forest scheme in Master Plan 2021, regarding which Case No.796 of 2020 is pending under Section 10 of R.B.O. Act, 1958 before the Prescribed Authority.
A show cause notice dated 20.10.2020 had been issued under Section 10 of U.P. (Nirman Karya Viniyam) Act, 1958 to the petitioner stating therein that petitioner had constructed the house over the land in question without permission/ sanction by the competent authority.
Learned Standing Counsel appearing on behalf of the respondents states that during the pendency of the aforesaid case, the petitioner is prohibited from using the building for transport business as he has constructed the house without permission of the competent authority.
Considering the facts and circumstances of the case, we do not find any ground to interfere with the impugned order/notice.
The writ petition is accordingly dismissed.
However, the petitioner is at liberty to raise his grievances in the pending proceedings. The prescribed authority concerned shall make an endevour to decide the matter, as expeditiously as possible.
Order Date :- 19.8.2021 SKD