M/S Kangan Palace Guest House ... vs State Of U P And 5 Others
2021 Latest Caselaw 1653 ALL

Citation : 2021 Latest Caselaw 1653 ALL
Judgement Date : 27 January, 2021

Allahabad High Court

M/S Kangan Palace Guest House ... vs State Of U P And 5 Others on 27 January, 2021

Bench: Pankaj Naqvi, Piyush Agrawal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 1383 of 2021
 

 
Petitioner :- M/S Kangan Palace Guest House /Marriage Home And Another
 
Respondent :- State Of U P And 5 Others
 
Counsel for Petitioner :- Jamil Ahamad Azmi
 
Counsel for Respondent :- C.S.C.,Pawan Kumar Singh
 

 
Hon'ble Pankaj Naqvi,J.

Hon'ble Piyush Agrawal,J.

Heard Sri Jamil Ahamad Azmi, learned counsel for the petitioners, Sri Brijendra Khare for the Authority and the learned Standing Counsel for the State.

We are pained to observe that despite repeated orders of this Court including the recent order dated 15.10.2020 in Writ C No. 16357 of 2020 (Abbas Ansari and another Vs. State of U.P.), whereby a general mandamus was issued that while entertaining an appeal or revision against demolition, the pending stay application be disposed of within 2 weeks, else the very purpose of the revision / appeal would stand frustrated, but it appears that the said judgment / order is not being given heed to by the authorities.

We could have summoned respondent no.1 in order to ascertain as to why order of this Court at least to that extent could not be complied with. Learned counsel for the Authority has requested that he shall communicate the sentiments of this Court to the authorities concerned, so as to exercise care and caution in ensuring timely disposal of pending stay application in pending revision / appeal under Section 41(3) and 27 (4) of the U.P. Urban (Planning and Development) Act, 1973 read with Section 12 of the U.P. Industrial Area Development Act, 1976 and any other cognate enactment.

Petitioners preferred an appeal before respondent no.1 on 24.12.2020 along with stay application, but till date, neither the appeal nor the stay application has been disposed of.

The writ petition is disposed of with the direction to respondent concerned to decide the pending stay application as expeditiously as possible, preferably within 3 weeks from the date of production of this order, by a reasoned and a speaking order under intimation to petitioners.

Till the disposal of stay application, no demolition shall be effected.

Order Date :- 27.1.2021

Chandra