Allahabad High Court
Tara Singh Bist vs State Of U.P. Thru. Prin. Secy. ... on 4 January, 2023
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- WRIT - C No. - 8823 of 2022
Petitioner :- Tara Singh Bist
Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lko. And Others
Counsel for Petitioner :- Devendra Pratap Singh
Counsel for Respondent :- C.S.C.,Ratnesh Chandra
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner, learned Standing counsel appearing for the respondents no. 1 & 2 and Sri Ratnesh Chandra, learned counsel appearing for the respondents no. 3 & 4.
With the consent of learned counsel appearing for the contesting parties, the instant writ petition is being finally decided.
Instant petition has been filed praying for the following main reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari quahsing the impugned order dated 25.11.2022 passed by the opposite party no. 2 in revision no. 336 of 2022, order dated 08.09.2022 passed by the opposite party no.3 in Appeal No. 206 of 2021 and order dated 15.01.2019 passed by the opposite party no. 4 prescribed authority of Lucknow Development Authority, as contained in Annexure No. 1, 2 & 3 respectively to this writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 2 to consider the case of the petitioner for regularization of building under the Shaman Scheme, 2020 which is pending before the opposite party no. 2.
(iii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 2 & 3 to provide the benefit of the order dated 07.10.2020 passed by the Hon'ble High Court, Allahabad in Writ-C No. 17557 of 2020."
This Court had passed a detailed order on 08.12.2022 which for the sake of convenience is reproduced below:-
"1. The present writ petition has been preferred for quashing of the order dated 15.01.2019 passed by respondent no. 4 i.e. Prescribed Authority, Lucknow Development Authority, Lucknow while exercising its power under Section 27(1) of the Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as 'the Act, 1973'), the appellate order dated 08.09.2022 passed by respondent no. 3 and the revisional order dated 25.11.2022 passed by respondent no. 2 i.e Secretary, Housing and Urban Planning Development, Lucknow.
2. Learned counsel for the petitioner has submitted that the petitioner had purchased the land from the Society in the year 2002. On 24.10.2005, a notification was published under Section 4 read with Section 17(4) of the Land Acquisition Act, 1894 by the State Government for acquiring the land for the Lucknow Development Authority.
3. It is submitted that the revision was decided without calling for the records of the case, which is required under Section 41(3) of the Act, 1973. Hence, the revisional order is bad in the eyes of law. In support of his submission, learned counsel for the petitioner has relied upon the judgment dated 26.02.2015 passed by this Court in W.P. No. 862 (MS) of 2015 (Madan Singh vs. Board of Revenue, U.P. Lucknow in which the revisional order passed under Section 219 of the U.P. Land Revenue Act, 1901 (hereinafter referred to as 'the Act, 1901') was under challenge on the same ground. Section 219 of the Act, 1901 provides that the Board or the Commissioner or the Additional Commissioner or the Collector or the Record Officer, or the Settlement Officer, may call for the record of any case which is pari materia to the provisions of the Act, 1973.
4. It is further submitted that this Court vide its order dated 26.02.2015 had quashed the revisional order and remanded the matter to pass afresh orders in accordance with law after summoning and perusing the record.
5. The matter requires consideration.
6. Learned counsel for the respondents pray for and are granted two weeks' time for filing counter affidavit.
7. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.
8. List this case on 04.01.2023.
9. Till the next date of listing, parties shall maintain status-quo as it exists today."
From a perusal of the aforesaid order it emerges that this Court was of the view that as sub Section (3) of Section 41 of the Uttar Pradesh Housing & Urban Planning Development Act, 1973 (hereinafter referred to as "Act, 1973") specifically requires calling of the records and the matter had been decided by means of impugned order dated 25.11.2022 without calling for the records consequently, this Court had interfered in the matter.
Non calling of records by the State Government as provided under sub Section (3) of Section 41 of the Act, 1973 is not disputed by both learned Standing counsel as well as Sri Ratnesh Chandra, learned counsel appearing for the respondents no. 3 & 4.
Keeping in view the aforesaid, the order impugned dated 25.11.2022, a copy of which is annexure 1 to the writ petition is set aside. The matter is remitted to the State Government for passing a fresh order in accordance with law after calling for the records. It will also be open for the petitioner herein to raise other arguments as may be available to him which would be done within a period of four weeks from today. The State Government shall thereafter proceed to decide the matter in accordance with law after hearing all the parties concerned and considering the objections, if any, that may be raised by the petitioner herein.
Let such an order be passed within a period of three months from the date of receipt of a certified copy of this order provided there is no legal impediment.
Till then, status quo as of today shall be maintained by all the parties with respect to the building in dispute.
Order Date :- 4.1.2023
Pachhere/-
