Court No. - 21
Case :- WRIT - C No. - 19557 of 2019 Petitioner :- Vijay Khanna And Another Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Devesh Mishra,Atipriya Gautam,Shri Vijay Gautam (Sr Advocate) Counsel for Respondent :- C.S.C.,Anjali Upadhya,Ramendra Pratap Singh
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Piyush Agrawal,J.
The Petitioners are two in number. They have challenged the notice dated 24.08.2018 issued by the second respondent for demolition of the structure situated at Plot: Khata/Khasra No. 55, Village Shahberi Teshsil Dadri, District Gautam Budh Nagar.
It has been submitted that same notice was challenged by some persons in the said Writ Petition. Out attention has been drawn to an order passed by coordinate Bench in Ravi Kumar Mishra Vs. State of U.P. and 7 Others in Writ Petition No. 35251 of 2018.
The relevant part of the order is extracted below:-
"Submission of learned counsel appearing on behalf of the petitioner is that land was already been sold by the tenure holder to the builder for necessary construction and one shop has been transferred to the petitioner as such notice under Section 10 of the U.P. Industrial Area Development Act, 1976 should have been given to the petitioner not to the original tenure holders.
On the other hand, as per learned counsel appearing on behalf of the Greater NOIDA Industrial Area Development Authority notice was given to respondent Nos. 6,7 and 8, Sri Rajat Kumar, Sri Praveen Kumar and Smt. Devi on basis of revenue records.
Having considered the facts stated and also in the light of provision of Section 10 of the Act, 1976, we seem it appropriate to dispose of petition for writ by permitting the petitioner to file necessary objection before the authority concerned in pursuance to the notice dated 24.08.2018 which is given to the respondent Nos. 6, 7 and 8. Objections raised by the petitioner shall also be taken into consideration by the authority competent while deciding issue in question.
The petition stands disposed of accordingly."
We have heard the learned counsel for the petitioners.
The learned counsel for the parties are agreed that this Writ Petition may also be disposed of in the same terms.
Accordingly, the writ petition is disposed of by granting liberty to the petitioner to file a fresh representation along with necessary documents before the authority concerned in pursuance to the notice dated 24.08.2018.
In the event any such representation is made by the petitioner, the same shall be considered in accordance with law by the authority expeditiously within three months.
Order Date :- 25.7.2019 Sachin