Shailendra Srivastava vs U.P. Avas Evam Vikas Parishad ...
2017 Latest Caselaw 1905 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 
Case :- MISC. BENCH No. - 14440 of 2017
 
Petitioner :- Shailendra Srivastava
 
Respondent :- U.P. Avas Evam Vikas Parishad Thru. Commissioner & Ors.
 
Counsel for Petitioner :- Shamshad Ahmad Khan
 
Counsel for Respondent :- Mahesh Chandra,Shailendra Singh Chauhan
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Vivek Chaudhary,J.

Heard.

Issue notice to the respondent no. 6 returnable at an early date. Steps within 3 days.

List along with the record of writ petition no. 22042 (M/B) of 2016 showing the names of learned counsel for the parties in that case.

Notices on behalf of Nagar Nigam have been accepted by Sri Yatindra Pathak. Sri Mahesh Chandra has accepted notice on behalf of the U.P. Avas Evam Vikas Parishad.

The petitioner claims himself to be the title holder of the plot no. 127 and on account of an alleged dispute between the petitioner and the Nagar Nigam, Original Suit No. 406 of 2008 had been filed which according to petitioner was decreed on 08.03.2016. This fact of the same plot of land, about which no descriptions have been given in writ petition no. 22042 (M/B) of 2016, is part of the land which has been directed to be encircled treating it to be a park under the judgment dated 15.09.2016.

Learned counsel for the petitioner states that the said order had been obtained without informing the Court the aforesaid facts relating to said land, consequently the petitioners rights are directly effected. The respondent Nagar Nigam has  proceeded to issue a tender for raising constructions even before the tender has been finalised, and contractors have been called for the said purpose. It is, therefore, on account of incorrect facts having been placed before the Court that the order dated 15,09.2016 was passed. The petitioner's right which has already crystallized in the shape of a decree vide judgment dated 08.03.2016, Annexure-2 to the writ petition, is being directly affected and is being violated.

Prima-facie, the matter requires scrutiny.

We, accordingly, call upon  all respondents to file a counter affidavit within 3 weeks. The matter shall be listed after the expiry of the aforesaid period.

Until further orders of this Court, the respondent Nagar Nigam shall not proceed to fence that part of the land which is covered by the judgment and decree dated 08.03.2016 relating to plot no. 127.

Order Date :- 4.7.2017/psd

[Vivek Chaudhary,J.] [Amreshwar Pratap Sahi,J.]