Court No. - 1
Case :- WRIT - C No. - 27612 of 2019 Petitioner :- Vimal Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Dutta Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Rajesh Dutta Pandey, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and perused the record.
By means of the present writ petition, the petitioner has challenged the legality and propriety of the notice dated 9th August, 2019 issued by the Nagar Panchayat, Barsana, Mathura through its Executive Officer on the ground that prior to passing of this order/ notice for removing structure or demolition shall be done forcefully, no notice was given to the petitioner, hence the petitioner had no opportunity of hearing in the matter.
From the recitals of the order/ notice dated 9th August, 2019, we also do not find that any notice prior to passing this order/ notice which is almost final in nature was ever given to the petitioner seeking his reply.
In our considered opinion, even if any action is sought to be taken in purported exercise of power under Section 263 of the U.P. Municipality Act, 1916, it is the duty mandated by law upon the respondents to give prior notice to such person and seek reply and then to pass final order.
In such view of the matter, we direct to the petitioner to make a comprehensive representation/ application to the respondent No.3 within three weeks from today raising all his grievances and in such event if application is filed, the respondent No.3 shall consider the same on merit and shall pass an order within a further period of four weeks.
For a period of 60 days from today or till the order is passed as directed hereinabove, no coercive measures shall be taken against the petitioner.
With the aforesaid observations/ directions, the writ petition stands disposed of.
Order Date :- 22.8.2019 Atmesh (Ajit Kumar,J.) (Ramesh Sinha,J.)