Allahabad High Court
Mustaqeem Ahmad And Another vs Upper Ziladhikari Nagar Purvi, ... on 22 February, 2023
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 21
Case :- MATTERS UNDER ARTICLE 227 No. - 879 of 2023
Petitioner :- Mustaqeem Ahmad And Another
Respondent :- Upper Ziladhikari Nagar Purvi, Lko. And 6 Others
Counsel for Petitioner :- Mohammad Aslam Khan
Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
Heard Mr. Mohd. Arif Khan, learned Senior Counsel assisted by Mr. Mohd. Aslam Khan, learned counsel for petitioners and learned State counsel appearing for opposite parties no.1 to 3.
In view of order being proposed to be passed, notices to opposite parties no.4 to 7 stand dispensed with.
Petition under Article 227 of the Constitution of India has been filed seeking a direction to the opposite party no.1 for enforcement of release order dated 23.02.2019 passed in proceedings under section 16 of the U.P. Act No.13 of 1972.
Learned counsel for petitioners submits that with regard to property in question being house no.177/67 Gwynne Road, Near Jhau Lal, Police Station Wazirganj, City and District, Lucknow, vacancy was declared for which purpose the private opposite parties had filed an application for allotment while the petitioners' had filed an application for release. It is submitted that by means of order dated 23.02.2019, the petitioners release application was allowed while rejecting the application for allotment preferred by private opposite parties. It is submitted that due to aforesaid fact, Forms C and D were thereafter issued by the competent authority in terms of rules framed under the Act of 1972 with Form D being issued on 19.03.2019 but thereafter revision under section 18 of the Act was preferred by the private opposite parties which was dismissed by means of judgment and order dated 07.04.2022.
Learned senior counsel on the basis of instructions submits that the revisional order dated 07.04.2022 has become final since till date no challenge there against has been preferred. It is further submitted that in pursuance of aforesaid proceedings, opposite party no.1 thereafter passed order dated 17.01.2023 for execution of Form D with directions being issued to the Station House Officer of the police station concerned but till date no proceedings in pursuance thereof have been initiated and the benefit of release order dated 23.02.2019 has not yet percolated to the petitioner and as such relevant directions are required to be passed.
Considering submissions advanced by learned counsel for petitioner, it appears that release application preferred by petitioners has been allowed vide order dated 23.02.2019 while rejecting the allotment application preferred by private opposite parties. It also appears that revision preferred against the aforesaid release order has also been dismissed on 07.04.2022. It has been specifically stated by learned counsel for petitioners upon instructions that the aforesaid order has become final since the same has not been challenged before any competent court as yet.
It also appears that opposite party no.1 has also issued directions dated 17.01.2023 (Annexure No.10 to the writ petition) directing the Station House Officer for effecting steps to comply with the directions dated 23.02.2019.
In such circumstances, liberty is granted to petitioners to approach opposite party no.1, i.e. Upper Ziladhikari, Nagar (Purvi), Lucknow. In case any such application is preferred by petitioners, opposite party no.1 is directed to pass appropriate directions and ensure compliance of the order dated 17.01.2023 within a period of eight weeks from the date a certified copy of this order is brought on record of the proceedings.
With the aforesaid direction, the petition stands disposed of.
Order Date :- 22.2.2023
Subodh/-
