Court No. - 34
Case :- WRIT - C No. - 6687 of 2019 Petitioner :- Salahuddin Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mustaqeem Ahmad,Zainul Abdin Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Mustaqeem Ahmad, learned counsel for petitioner, learned Standing Counsel for respondents 1 to 3, Sri Mohd. Nizam Uddin, learned counsel for respondent 5 and perused the record.
2. A notice was issued to petitioner to remove his illegal construction i.e. wall interrupting public pathway situated at Kasba-Duniyaganj, Shekhpur Purvi Nagar Panchayat, Tehsil and Police Station Phulpur, District Allahabad. However, authorities did not take further action pursuant to notice hence a Public Interest Litigation No.4550 of 2018 was filed by Rahul Dubey wherein petitioner was impleaded as respondent 5. The aforesaid writ petition was disposed finally by this Court vide order dated 09.10.2018 with the following order :
"Heard Mr Vinay Kumar Tiwari, learned counsel for the petitioner and Mr Mohan Srivastava, learned Standing Counsel for the respondent-State.
Leave to correct the prayer clause. Amendment to be carried out forthwith.
The only prayer made in the instant writ petition, reads thus:
"1. Issue a writ, order or direction in the nature of mandamus directing the respondent no.5 to remove his illegal constructed wall from the interlocking public pathway, situated at Kasba-Duniyaganj, Shekhpur Purvi Nagar Panchayat, Tehsil and Police Station-Phulpur, District- Allahabad, in the interest of justice, within stipulated period as may be fixed by this Hon'ble Court."
It appears that the Nagar Panchayat, Phulpur has already issued a notice to respondent no.5 for removal of the alleged illegal construction of a wall. Counsel for the petitioner, submits that though the notice has been issued, no further action has been taken by the Nagar Panchayat.
Hence, we dispose of this writ petition with the observation that the Nagar Panchayat, Phulpur, shall take the notice dated 12.4.2018 (Annexure-3) to its logical end, as expeditiously as possible and preferably, within a period of six weeks from the date of receipt of a certified copy of this order. It is needless to mention that the concerned authority shall follow the due process of law and also grant an opportunity to respondent no.5 to submit his reply to the notice and, if necessary, grant him hearing."
3. Still respondent authorities did not proceed to give a logical conclusion to the demolition notice issued to petitioner hence Rahul Dubey filed Contempt Petition (Civil) No.141 of 2019 wherein notice was issued to authorities to comply with Court's judgment dated 09.10.2018 and pursuant thereto impugned notice dated 16.2.2019 has been issued by Executive Officer, Nagar Panchayat Phulpur, Prayagraj.
4. It is not the case of petitioner that the notice which was sought to be challenged in this petition thereagainst petitioner raised any objection or availed any further remedy. Therefore, it was incumbent upon respondents to proceed further to give logical conclusion to the matter, as observed by this Court vide judgment dated 09.10.2018 since impugned order has been passed pursuant to aforesaid proceedings. A fresh writ petition challenging consequential notice cannot be maintainable.
5. Dismissed accordingly.
Order Date :- 26.2.2019 KA