Hon'ble Dinesh Kumar Singh,J.
Heard Mr. Angrej Nath Shukla, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of opposite party no.1 and Mr. Ratnesh Chandra, learned counsel appearing on behalf of opposite parties no.2 to 4.
The writ petition involves a question which is trivial in nature, as such, with the consent of parties' counsel, we proceed to decide this writ petition without calling for the counter affidavit.
The instant writ petition has been filed challenging the order dated 29.07.2021, whereby the opposite parties have proceeded to seal the property in question i.e. Plot No.3/549, Sector H, Jankipuram, Lucknow, which was done in pursuance of the notice dated 12.07.2021.
Learned counsel for the petitioner submits that vide notice dated 12.07.2021 the petitioner was issued the show cause notice to submit his reply by 23.07.2021, however, on 19.07.2021 the sealing order was passed without waiting for the reply. It is submitted that the petitioner has been denied the opportunity to submit his reply which was called from him vide notice dated 12.07.2021.
Mr. Ratnesh Chandra, learned counsel appearing on behalf of opposite parties no.2 to 4 was directed to seek instructions in the matter. Learned counsel appearing on behalf of opposite parties no.2 to 4 on the basis of instructions informs that the sealing order was passed as the illegal construction was going on even after issuing of the notice dated 12.07.2021. It is also submitted that the sealing can be done ex-parte without waiting for the reply.
We have considered the submissions made by parties' counsel and gone through the records.
Once vide notice dated 12.07.2021 the petitioner was called upon to submit his reply fixing the date as 23.07.2021 then the opposite parties should have waited for the reply of the petitioner till 23.07.2021 and thereafter could have passed the sealing order. In the present case the opposite parties have passed the sealing order on 19.7.2021 without waiting for the reply of the petitioner which is not justifiable .
Writ petition, as such, is allowed. The order dated 19.07.2021 pursuant to which the sealing of the house in question was carried out on 29.07.2021 is quashed. The liberty is given to the Prescribed Authority to pass a fresh order after affording opportunity of reply to the petitioner. The petitioner shall submit his reply within three days from today.
At this stage, it is informed by learned counsel for the petitioner that he has already submitted his reply.
Till final order is passed in this regard no construction shall be carried out by the petitioner.
Order Date :- 17.8.2021 Ram.