Court No. - 6
Case :- WRIT - C No. - 30292 of 2019 Petitioner :- Ram Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rahul Sahai,Prakhar Tandon Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Yashwant Varma,J.
Heard Sri Rahul Sahai, learned counsel for the petitioner, Sri Ajit Kumar Singh, learned Senior Counsel assisted by Sri Shivam Yadav, who has appeared for the Authority. Learned Standing Counsel appears for the respondent No. 1.
All the noticed respondents shall file their replies within four weeks.
List this petition again on 21 October 2019 before the appropriate Court.
In the meanwhile and bearing in mind the submissions addressed, the Court notes that the impugned order purported to have been passed under Section 15(9) of the U.P. Urban Planning and Development Act, 1973 is not based on any fraudulent statement or information furnished by the petitioner. The sole ground on which the permission accorded is purported to have been cancelled is the incorrect report submitted by the Tehsildar. That prima facie cannot form basis for action under Section 15(9).
Matter requires consideration.
Till the next date of listing, there shall be stay of the impugned order dated 14 August 2019.
Order Date :- 27.9.2019 Arun K. Singh (Yashwant Varma, J.)