Court No. - 21
Case :- WRIT - C No. - 6130 of 2019 Petitioner :- Rohit Agarwal And 3 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Chandan Sharma,Abhishek Rai Counsel for Respondent :- C.S.C.,Abhinav Ojha
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioners have preferred this writ petition for issuance of a direction to the Gorakhpur Development Authority, respondent no. 3, to demolish the illegal construction raised by respondent no. 4. The relief sought for in the writ petition reads as under:
"a) Issue a writ, order or direction in the nature of mandamus commanding the respondents to demolish the illegal construction raised by respondent no. 4 over an area measuring 38000 Sq. Feet out of total area 2.70 Acres of Plot No. 516, situated in Village Purdilpur, Tappa Kasba, Pargana Haveli, Tehsil Sadar, District Gorakhpur in pursuance to the order dated 21.11.2015 passed by the Gorakhpur Development Authority, Gorakhpur."
On 22nd February, 2019 the Court has passed the following order:
"Put up this case on 27.02.2019 in the additional cause list.
By the next date Sri Abhinav Ojha, learned counsel for respondent no. 3 will seek instructions in the matter and point out to this Court as to why order dated 21.11.2015 passed by the authority concerned has not been complied with."
We have heard Sri Abhishek Rai, learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1 and 2 and Sri Abhinav Ojha, learned counsel for respondent no. 3.
Learned counsel for the parties have apprised us that in view of the order passed by this Court the development authority has issued notice to the petitioners and respondent no. 4 to put forward their case before the authority concerned on 08th March, 2019. It is agreed between the parties that both the petitioner and respondent no. 4 shall appear before the authority concerned.
Accordingly, we dispose of the writ petition with a direction upon respondent no. 3 to pass the appropriate order after furnishing opportunity to the petitioners in accordance with law expeditiously, preferably within two months from the date of communication of this order.
Needless to say that we have not expressed our opinion on the merits of the case. The authority concerned shall pass the order independently and in accordance with law.
Order Date :- 27.2.2019 SKT/-