Court No. - 58
Case :- WRIT - C No. - 16041 of 2017 Petitioner :- Swati Agarwal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.P.Singh Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri A.P.Singh, learned counsel for the petitioner and Sri Ajay Kumar Mishra, learned Standing Counsel for the State.
This writ petition has been filed for a direction to the Commissioner, Azamgarh to decide the petitioner's appeal as well as stay application in that appeal filed under Section 28- A(4) of the U.P. Urban Planning and Development Act, 1973.
It is the case of the petitioner that his premises has been seized exparte and that his appeal filed on 03.12.2016 before the Commissioner, Azamgarh has remained pending and no order has been passed on the stay application filed alongwith that appeal.
The petitioner further submits that the appeal/stay application was fixed for hearing on four dates but no order has been passed thereon. The next date fixed in the appeal is 27.04.2017.
Without going into the merits of the matter, the present writ petition is disposed of with a direction to the Commissioner, Azamgarh to hear and decide the petitioner's appeal and or the stay application filed therein as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, which the petitioner undertakes to file before the said authority within two weeks from today.
Order Date :- 18.4.2017 Lbm/-