Court No. - 1
Case :- WRIT - C No. - 24472 of 2019 Petitioner :- Susheela Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Tiwari,Dharmendra Shukla Counsel for Respondent :- C.S.C.,Arun Kumar,Devi Prasad Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Anil Tiwari, learned counsel for the petitioner, Sri Arun Kumar learned counsel appearing for the respondent No. 2,3,4 and 5 and the learned Standing Counsel.
By means of this writ petition under Article 226 of the Constitution the petitioner has challenged the order dated 1.05.2019 which has been appended as Annexure-1 to the writ petition on the ground that once the sale deed had come to be executed pursuant to the allotment order in the year 2005 by the then Allahabad Development Authority, it was not within the legitimate sphere of the authority of the Zonal Officer of the Prayarag Development Authority, Prayagraj to have cancelled the allotment vide order dated 10.05.2019.
While entertaining this writ petition we took serious note of the act that once the sale deed was executed how come the Zonal Officer of the Development Authority enjoy any power to cancel the allotment order. Accordingly we directed initially the counsel for the respondent Prayagraj Development Authority to have instruction vide order dated 08.08.2019. Pursuant to the aforesaid instruction the Zonal Officer Prayagraj Development Authority initially passed an order on 17.08.2019 putting the order dated 10.05.2019 only in abeyance and subject to the final out come of the litigation in a pending suit.
This conduct of the Officer concerned in passing an order of this kind was not approved of by this court more especially when this Court had expressed its prima facie view of an act beyond the scope of authority and, therefore, vide order dated 19.08.2019 the court directed the Vice Chairman of the Prayagraj Development Authority as well as the Zonal Officer concerned who had passed the order, to be present before this Court and explain their respective position in the matter.
The Officer concerned Sri T.K. Sipu, the Vice Chairman of the Development Authority and Mr. Satya Shukla the Zonal Officer presented themselves before this Court and the Court expressed its displeasure regarding the conduct and affairs at the end of the Officers working in the Prayagraj Development Authority. The Court cautioned the officers regarding the manner in which the orders are passed as a result of casual exercise of power causing not only inconvenience to the public but also forcing them to unnecessary Litigation. The Court also questioned the conduct of the respondents in filing suit on 08.08.2019 after filing of this writ petition and the order passed by this Court on 05.08.2019.
At this juncture, confronted with the above, officers concerned expressed their unconditional apology and assured the Court that such mistakes would not be committed in future in conducting the affairs of Prayagraj Development Authority. The concerned Officers who are present before this Court were directed to file their personal affidavit regarding the apology that they wanted to tender. In such above circumstances the case was directed to be placed today.
Today the Officers are again present pursuant to the order of this Court passed on 21.08.2019 and have filed their personal affidavit which have been taken on record.
In the affidavit they have expressed unconditional apology vide paragraph-7 and have also assured the Court that any action at the end of the respondent Prayagraj Development Authority in future shall be taken only with due care and caution and with due application of mind. The Officers have further expressed their intention to always uphold the majesty of the Court. In view of the above we are accepting their apology and we hope and trust that in future their conduct in the affairs of the Development Authority will be sound enough and the people will not be forced to unnecessary litigation. The officers accordingly stand fully discharged with no adverse consequences.
Since the order impugned in the writ petition and the subsequent orders have stood withdrawn by the Development Authority and the Officer concerned, in our considered opinion no cause of action any more survives to maintain the writ petition.
The matter is accordingly consigned to the records.
Order Date :- 22.8.2019 C. MANI (Ajit Kumar,J.) (Ramesh Sinha,J.)