Allahabad High Court
Radhasoami Satsang Sabha And Another vs State Of U.P. And 2 Others on 22 August, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:168906-DB Court No. - 40 Case :- WRIT - C No. - 27012 of 2023 Petitioner :- Radhasoami Satsang Sabha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ujjawal Satsangi Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Surendra Singh-I,J.
1. Heard Sri Anurag Khanna, learned Senior Advocate assisted by Sri Ujjawal Satsangi, learned counsel for the petitioners and Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondent.
2. The present writ petition has been preferred assailing the impugned notice dated 3.8.2023 and 5.8.2023 (Annexure No. 8 and 12 to the writ petition) issued by the respondent no. 3. With a further prayer commanding the respondents not to interfere in the peaceful possession of Khasra No. 33, village Bahadurpur, Mauja Khaspur Ehatmali, tehsil Sadar, district Agra.
3. At the very outset, learned Senior Advocate for the petitioner has placed reliance upon the order dated 16.8.2023 passed by National Green Tribunal Principal Bench, New Delhi in Original Application No. 505/2023 (Radhasoami Satsang Sabha And Another V/s. State Of U.P. And Others), wherein, the petitioner has challenged the impugned notice dated 3.8.2023. The same was entertained and the learned Tribunal has disposed of the application directing the respondents to dispose of the representation of the petitioner within 30 days from the receipt of the order after giving opportunity of hearing to the petitioner. In support of his submissions, learned Senior Advocate for the petitioner has also placed reliance upon the interim order dated 14.7.2023 passed by this Court in Writ C No. 22582 of 2023 (Radhasoami Satsang Sabha V/s. State Of U.P. And 4 Others).
4. Learned Additional Chief Standing Counsel states that in response to the aforementioned notices, in case the petitioner files an objection within stipulated time, definitely, the same would be considered on merit.
5. Heard rival submissions and perused the record in question. For ready reference, the order dated 16.8.2023 passed by National Green Tribunal is reproduced herein below.
"1. By means of this application, the applicant has challenged the notice dated 03.08.2023 passed by Assistant Engineer (I), Lower Division, Agra Canal, Agra restraining the applicant from raising any construction in the flood area of river Yamuna. The only contention of the applicant is that against the notice issued by Respondent, the applicant has moved a representation with the facts with regard to ownership of the land but the same had not been disposed of till date.
2. In view of above contention, since the matter is pending before the respondents, thus, the respondents are directed to dispose of the application after giving an opportunity of hearing to the applicant within a reasonable time say within 30 days from the date of receipt of this order.
3. The application stands disposed of accordingly."
6. Considering the facts and circumstances as the leave is already accorded by the National Green Tribunal and the interim order is also accorded to the petitioner in aforementioned writ petition, we deem it appropriate in case the petitioner files a fresh objection within a week's time from today, the same would be considered on its merit in further six weeks time.
7. With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 22.8.2023 A.K.Srivastava