Court No. - 32
Case :- WRIT - C No. - 35600 of 2019 Petitioner :- Shanno Begum Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Md. Muzzammil.I.Qureshi Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, inter alia, for the following relief;
(1) Issue a writ, order or direction in the nature of Mandamus thereby quashing the sealing order bearing No. 145/SECRETARY/ENFORCEMENT-2/K.D.A./2019-20 DATED 4.5.2019.
(2) Issue a writ, order or direction in the nature of Mandamus to the respondents, to de-seal the premises.
(3) Issue a writ, order or direction in the nature of Mandamus to the respondent no.4 thereby from restraining them from creating hurdle in construction activities."
At the very outset learned counsel for the respondent has submitted that the petitioner has already preferred an appeal under section 28 A(4) of the Urban Planning and Development Act before the Vice Chairman, Kanpur Development Authority, Kanpur and the same is still pending. Learned counsel for the petitioner has stated that the appeal was filed on 26.6.2019.
Heard learned counsel for the petitioner, learned standing counsel for the State respondents and Sri Saurabh Srivastava, learned counsel for the respondent nos. 2 and 3.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the Vice Chairman, Kanpur Development Authority, Kanpur, respondent no.2 to decide the appeal of the petitioner in accordance with law expeditiously preferably within a period of fifteen days from the date of receipt of a certified copy of this order. Learned counsel for the petitioner undertakes to file the certified copy of this order within a period of ten days from today along with copy of the memo of appeal which was filed by the petitioner before the Vice Chairman, Kanpur Development Authority, Kanpur.
Order Date :- 28.11.2019 samz