Court No. - 5
Case :- WRIT - C No. - 7748 of 2018 Petitioner :- Sanjay Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mathura Prasad Mishra,Vinod Mishra Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Pankaj Naqvi,J.
Heard Sri Mathura Prasad Mishra, learned counsel for the petitioner and the learned standing counsel.
It is submitted by learned counsel for the petitioner that a proposal relating to allotment of housing lease in favour of the petitioner, was recommended by the then L.M.C on 8.3.2015 before respondent no.2, who was obliged to take a decision one way or the other within 2 weeks from the date of resolution of the L.M.C as provided under Rule 121 of the 2016 Rules, but having failed to discharge the obligation, it proceeded to reject the same on 27.1.2018, also on the ground that a new L.M.C has taken over. The contention is that the respondents cannot take advantage of their own wrong, as the claim of the petitioner was pending consideration since 8.3.2015.
Learned standing counsel has accepted notice on behalf of respondent nos. 1 to 3. Sri Manoj Kumar Yadav has accepted notice on behalf of respondent no.4.
Counter affidavits may be filed within a month. Rejoinder, if any, within 2 weeks' thereafter.
List in the week commencing 28.5.2018.
Till the next date of listing, parties are directed to maintain status quo with regard to nature and possession over the property in dispute.
However, this order shall not be an impediment for the L.M.C concerned to pass fresh order, in accordance with law, as observed in the order of the Tehsildar dated 27.9.2017.
Order Date :- 28.2.2018 Chandra