Kewal Krishna Khurana v. State of U.P. and 3 Others

Chief Justice's Court Case :- WRIT - C No. - 37566 of 2023 Petitioner :- Kewal Krishna Khurana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Singh,Raghav Arora Counsel for Respondent :- CSC,Harsh Vardhan Gupta Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Ashish Kumar Singh, learned counsel for the petitioner, Shri Harsh Vardhan Gupta, learned counsel appearing for respondent Nos. 2 and 3 and Shri A.K. Goel, learned Standing counsel appearing for respondent No. 1.

¶2The challenge in this writ petition is to the show cause notice dated 29.09.2023, issued by respondent No. 4-Zonal Officer, Zone No. 2, Prayagraj Development Authority, Prayagraj under Section 27 (1) of U.P. Urban Planning and Development Act, 1973 on the ground that the petitioner is stated to have encroached upon the public road by raising constructions without proper sanction of map.

¶3Learned counsel for the petitioner submits that he has already filed objections to the said show cause notice which is pending consideration with the respondents. He further submits that purpose of filing the present writ petition shall stand served if a direction is issued to the respondent No. 2 to pass appropriate orders on the pending objections within a time frame prescribed by this Court.

¶4Shri Harsh Vardhan Gupta, learned counsel for the contesting-respondents submits that necessary orders would be passed on the pending objections of the petitioner within a period of four weeks.

¶5This Court is of the opinion that no useful purpose would be served by keeping the writ petition pending and it is accordingly, disposed of requiring the respondent No. 2, who is seized with the objections of the petitioner, to consider and pass appropriate orders thereon within a period of four weeks from the date of service of a certified copy of this order. We also permit the petitioner to file additional grounds, if any, assailing the show cause notice in support of the earlier objections.

¶6It is expected that respondent No. 2 shall proceed to consider all aspects of the matter and pass appropriate order strictly, in accordance with law, without being influenced by any observations made by us.

¶7Till four weeks from today or till disposal of the objections of the petitioner, whichever is earlier, no coercive action shall be taken against the petitioner consequent to the impugned show cause notice. Order Date :- 1.11.2023 SK (Ashutosh Srivastava,J.) (Pritinker Diwaker,CJ.) High Court of Judicature at Allahabad