Smt. Usha Devi Kushwaha v. State of U.P. and 2 Others

Chief Justice's Court Case :- WRIT - C No. - 36457 of 2023 Petitioner :- Smt. Usha Devi Kushwaha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Asim Zulfiquar Counsel for Respondent :- C.S.C.,Pawan Kumar Singh Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Mohd. Asim Zulfiquar, learned counsel for the petitioner, Shri Rakesh Kumar Pandey, learned counsel appearing for respondent Nos. 2 and 3 and learned Standing counsel appearing for respondent No. 1.

¶2The challenge in this writ petition is to the show cause notice dated 08.09.2023, issued by respondent No. 2-Zonal Officer Zone No. 4, Prayagraj Development Authority, Prayagraj 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 Rakesh Kumar Pandey, 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 :- 3.11.2023 Deepak/ (Ashutosh Srivastava,J.) (Pritinker Diwaker,CJ.) High Court of Judicature at Allahabad