New Balaji Dharmkanta v. State of U.P. and 2 Others

Chief Justice's Court Case :- WRIT - C No. - 38981 of 2023 Petitioner :- New Balaji Dharmkanta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Srivastava,Ashutosh Kumar Srivastava Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

¶1Grievance of the petitioner is that he is running weighbridge (Dharam Kanta) on the Plot No.702 situate in village Kakra Lash Khaspur, Pargana & Tehsil Dadri, District Gautambudh Nagar. However, respondent no.2 had issued a notice on 29.12.2022 for demolishing the same. According to the petitioner, notice is defective as the same was issued for some other plot but now under the garb of the said notice, the weighbridge (Dharam Kanta) of the petitioner may be demolished.

¶2Learned counsel appearing for respondent no.2 submits that notice was not replied till date, therefore, the Development Authority has every right to demolish illegal construction. He however submits that if required, fresh notice would be given to the petitioner and then any action would be taken against him strictly in accordance with law.

¶3In view of fair submission made by learned counsel for respondent no.2, without expressing any opinion on merits of the case, the writ petition is disposed of permitting respondent no.2 to issue fresh notice to the petitioner and then to proceed in accordance with law. Order Date :- 8.11.2023 rkg (Ashutosh Srivastava, J.) (Pritinker Diwaker, CJ.) High Court of Judicature at Allahabad