Chief Justice's Court
Case :- WRIT - C No. - 25246 of 2018 Petitioner :- Real Public School And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shreya Gupta,Ravi Anand Agarwal Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Ms Shreya Gupta, learned counsel for the petitioners and Mr D S Chauhan, learned counsel for the respondent-Development Authority.
The petitioners, who run a School having more than 900 students, are before this Court in a writ petition under Article 226 of the Constitution of India, challenging the order dated 12.7.2018 passed by the fourth respondent rejecting their application for stay of the sealing order dated 26.6.2018. It appears that a sealing order has been passed on the ground that they raised construction contrary to the sanctioned map. Admittedly, the construction was complete in 2003 and the notice under Section 27 (1) of the U P Urban Planning and Development Act, 1973 was issued on 18.1.2018. That order has been challenged by the petitioners by way of an appeal under Section 28-A (4) of the said Act and in the appeal, an application for stay was filed. That application has been rejected by the impugned order. It is not in dispute that the petitioners run a School having more than 900 students in the premises which has been sealed. In view thereof, we dispose of this writ petition by the following order:
Respondent-Authority shall open the seal forthwith. Respondent no.4-Commissioner, shall hear and decide the petitioners' appeal as expeditiously as possible and preferably, within a period of four months from the date of receipt of this order. The sealing order dated 26.6.2018 shall remain stayed till the appeal is finally decided and for a period of four weeks thereafter, if the order in the appeal is adverse to the petitioners. Respondent no.4- Commissioner, shall decide the appeal, on merits, in accordance with law and uninfluenced by the observations made in this order. Petitioners are directed to produce a copy of this order before the Commissioner within a week from today.
With these observations, the petition is disposed of.
Order Date :- 31.7.2018 RKK/-
(Dilip B Bhosale, CJ) (Yashwant Varma, J)