Citation : 2017 Latest Caselaw 4914 ALL
Judgement Date : 3 October, 2017
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Chief Justice's Court Case :- WRIT - C No. - 45162 of 2017 Petitioner :- Harivansh Lal And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Vivek Verma Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Manoj Kumar Gupta,J.
Heard Mr C B Gupta, learned counsel for the petitioners and Mr Vivek Verma, learned counsel for respondent-Authority.
The only prayer made in the writ petition, reads thus:
"i) issue a writ, order or direction in the nature of mandamus, directing the respondent Kanpur Development Authority to take action against the respondents no.4 to 6 from raising unauthorized construction over Plot/House Ho.126/7, G-Block, Govind Nagar, Kanpur Nagar."
Counsel for the respondent-Authority, submits that the respondent-Authority have already issued show cause notice to the private respondents under Section 27 (1) of the U P Urban Planning and Development Act, 1973 on 19.8.2017. He further submits that the private respondents have already submitted their reply to the said notice. In view thereof, we find no reason to entertain and keep this writ petition pending any further.
Accordingly, we dispose of this writ petition with a direction to the concerned authority to decide the show cause notice dated 19.8.2017 as expeditiously as possible and preferably within a period of twelve weeks from today. It is open to the petitioners to produce a copy of this order alongwith a copy of the writ petition and its annexures before the concerned authority within ten days from today. It is also open to the petitioners to seek intervention in the proceedings initiated with the show cause notice dated 19.8.2017 and, if such an application is made, the concerned authority may consider the petitioners' prayer in its proper perspective.
Order Date :- 3.10.2017
RKK/-
(Dilip B Bhosale, CJ)
(M K Gupta, J)
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