Court No. - 21
Case :- WRIT - C No. - 26835 of 2020 Petitioner :- Shiv Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Tewari Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Shri Amit Manohar, Advocate has filed Vakalatnama on behalf of respondent Nos. 2 & 3, which is taken on record.
Heard Shri Sushil Kumar Tewari, learned counsel for the petitioner, learned Standing Counsel for the State-Respondent and Shri Amit Manohar, learned counsel for the respondent nos.2 & 3.
The writ petition is being preferred for a direction in the nature of mandamus commanding the respondent nos.1 to 3 to take appropriate action against illegal construction raised by private respondent no.4 and demolish the newly constructed Second Floor illegally constructed by the respondent no.4.
At the very outset, Shri Amit Manohar, learned counsel for the Ghaziabad Development Authority, Ghaziabad, on the basis of instruction, apprised to the Court that the notice under Section 27 of the U.P. Urban Planning and Development Act, 1972 has already been issued against respondent no.4 and on the spot even petitioner has also raised certain construction contrary to the building plan and the proceedings are still pending consideration, which shall be culminated to its logical end.
Under the facts and circumstances, once the notice has already been issued, at this stage, the Court is not inclined to interfere in the ongoing proceeding, but certainly such proceeding will be finalised after giving opportunity to all the stake holders in the matter.
With the aforesaid direction, writ petition stands disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 T. Sinha Digitally signed by Justice Mahesh Chandra Tripathi Date: 2021.01.12 10:16:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Sanjay Kumar Pachori Date: 2021.01.12 10:18:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad