Allahabad High Court
L.B. Jones vs State Of U.P. And 4 Others on 13 August, 2019
Bench: Ramesh Sinha, Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- WRIT - C No. - 26600 of 2019 Petitioner :- L.B. Jones Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramendra Asthana Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh Hon'ble Ramesh Sinha,J.
Hon'ble Ajit Kumar,J.
Learned counsel for the petitioner is permitted to implead Chairman, Nagar Palika Parishad, Mirzapur as one of the respondents in the memo of writ petition.
Heard Sri Ramendra Asthana, learned counsel for the petitioner, Sri Sanjay Kumar Singh, learned counsel appearing on behalf of respondent no. 5, learned Standing Counsel for the State and have perused the record.
By means of present writ petition, the petitioner has prayed for a writ in the nature of mandamus commanding the respondents not to demolish standing house of the petitioner over the plot in question except in accordance with law.
While taking above plea, learned counsel for the petitioner has drawn our attention towards notice dated 27.7.2019 whereby he has been directed by the Chairman, Nagar Palika Parishad, Mirzapur to remove unauthorized construction/ unauthorized possession within a week which, he alleges, has been passed without prior notice to him of the proposed action.
Learned counsel for the petitioner submits that he has already applied to the Sub Divisional Magistrate, Sadar, Mirzapur raising objection to the said notice.
In the considered opinion of this Court, since direction was issued through notice, it was incumbent upon the petitioner to have submitted his reply to the notice to the Chairman, Nagar Palika Parishad, Mirzapur, the authority that had issued notice. However, we are convinced that the said notice of demolition was not preceded by any show cause as there is nothing suggestive of the same in the notice.
In view of above, this writ petition is disposed of with direction to the petitioner that he shall submit detail reply to the notice dated 27th July, 2019 to the Chairman, Nagar Palika Parishad within period of two weeks' from today. It is further directed that in the event of any such representation or application if submitted as directed hereinabove under this order, the Chairman, Nagar Palika Parishad, Mirzapur shall consider this application of the petitioner and shall dispose of the same after giving full opportunity of hearing to the petitioner by reasoned and speaking order within further period of four weeks'.
Until disposal of such application moved by the petitioner to the Nagar Palika Parishad, Mirzapur, no coercive action shall be taken against the petitioner pursuant to the notice dated 27th July, 2019.
Order Date :- 13.8.2019/Sanjeev (Ajit Kumar,J.) (Ramesh Sinha,J.)