Court No. - 21
Case :- WRIT - C No. - 30697 of 2019 Petitioner :- Surya Prakash Singh And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Sachindra Upadhyay Counsel for Respondent :- C.S.C.,Anil Tiwari,Kaushalendra Nath Singh,Prem Shankar Yadav
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Piyush Agrawal,J.
The petitioner has preferred this writ petition for the following reliefs:
"i. Issue a writ, order or direction in the nature of Mandamus, commanding and directing the respondents in general and respondent no.2- District Magistrate/Collector, Gautam Budh Nagar, in particular, to expedite with the recovery proceedings in accordance with law against respondent no.6 and further ensure the payment of the recovered amount to the petitioners, at the earliest and if possible, within a fixed time frame.
ii. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no.2 and 7 to impound plot situated at Plot No.5, Sector-144, Noida, Gautam Budh Nagar to recover dues of the petitioners."
Earlier a writ petition was filed by the respondent no.6 herein being Writ-C No. 4982 of 2019, which is still pending.
It is urged by the learned counsel for the petitioners that the interim order passed by this Court in Writ-C No. 4982 of 2019 has not been complied with by the private respondent no.6, hence, a mandamus be issued to the Competent Authority to take appropriate action.
We have heard Sri Sachindra Upadhyay, the learned counsel for the petitioners, Sri Kaushlendra Nath Singh, the learned counsel appearing for respondent no.7 and Sri C.L. Pandey, the learned counsel appearing for private respondent no.6 and we have perused the materials on record.
We are surprised that for execution of the interim order passed in Writ-C No. 4982 of 2019, this writ petition has been filed, when the said writ petition is still pending.
At this juncture the learned counsel for the petitioners submits that the petitioners be granted liberty to file a representation and a direction be issued to the authority concerned to consider the case of the petitioners.
Having due regard to the facts of the case, we decline to interfere in the matter. However, we grant liberty to the petitioners to file an appropriate application before the Competent Authority to consider their case.
In the event any such application is filed, the same shall be decided by the authority concerned after furnishing an opportunity to the private respondent no.6, who will be affected by the order passed by the Competent Authority.
Needless to say that we have not adjudicated the matter on merit and the Competent Authority shall pass an appropriate order independently in accordance with law.
Accordingly, the writ petition is disposed of.
Order Date :- 26.9.2019 MAA/-