Court No. - 21
Case :- WRIT - C No. - 24003 of 2019 Petitioner :- Subhash @ Subhash Chauhan And 33 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar,Anurag Shukla,Chandan Sharma Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Piyush Agrawal,J.
It is contended on behalf of the petitioners that a Committee constituted by the Development Authority has recommended name of the petitioners for regularization of their residential housed. It is averred in the writ petition that the petitioners have their residential buildings for the past several years and the Committee after examining the documents has made recommendation for regularization of their residential plots.
Learned counsel for the petitioners has drawn out attention to an order dated 11.07.2019 passed by this Court in Wirt-C No. 21698 of 2019 (Bhawar Singh and others V. State of U.P. and others), wherein this Court has granted an interim protection to the similarly placed persons. Relevant part of the judgment reads as under:
" We have carefully perused the order of the tribunal and we find that no adjudication has been made in respect of the petitioners' right.
We are of the view that the ends of justice would be subserved by granting liberty to the petitioners to move a fresh representation/application before the authority concerned for regularization of their residential houses within three weeks from the date of communication of this order. In the event any such application/s is/are made, we direct the competent authority to consider the cause of the petitioners and pass the appropriate speaking order in accordance with law expeditiously, preferably within three months thereafter. Till the decision is taken by the competent authority, no demolition shall be carried out in pursuance of the impugned order. The impugned order shall be subject to the fresh order to be passed b the competent authority.
Accordingly, the writ petition is disposed of."
Learned Standing Counsel appears for the State functionaries and Sri Kaushalendra Nath Singh, learned Advocate has accepted notice on behalf of the Development Authority.
It is stated that khasara numbers, of which the petitioners claim to be owner, are mentioned in the recommendation of the Committee.
In view of the above, the present writ petition is also disposed.
The protection of the interim order granted in Bhawar Singh (supra) is extended to the petitioners herein also, however, we leave it open to the authorities to verify whether the petitioners' property/names are shown in the list recommended by the Committee and their claim after affording an opportunity of being heard.
No order as to costs.
Order Date :- 25.7.2019 Sachin