Shri Hamidul Bari v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Housing and Urban Planning U.P. Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 10721 of 2023 Petitioner :- Shri Hamidul Bari Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Housing And Urban Planning U.P. Lko. And Others Counsel for Petitioner :- Kazim Ibrahim,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra ALONG WITH

¶1Case :- WRIT - C No. - 10722 of 2023

Petitioner :- Suhail Haider Alvi Respondent :- State Of U.P. Thru. Addl. Chief/Prin. Secy. Housing And Urban Planning Deptt. U.P. Lko. And Others Counsel for Petitioner :- Kazim Ibrahim,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra,

¶2Case :- WRIT - C No. - 10723 of 2023

Petitioner :- Shri Shakeel Ahmad Respondent :- State Of U.P. Thru. Addl. Chief/ Prin. Secy. Housing And Urban Planning Deptt. Lko. And Others Counsel for Petitioner :- Kazim Ibrahim,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra

¶3Case :- WRIT - C No. - 10724 of 2023

Petitioner :- Vishnu Swaroop Chaurasya Respondent :- State Of U.P Thru. Addl. Chief/ Prin. Secy. Housing And Urban Planning Deptt. Lko. And Others Counsel for Petitioner :- Kazim Ibrahim,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra

¶4Case :- WRIT - C No. - 10725 of 2023

Petitioner :- Anwar Ali Respondent :- State Of U.P. Thru. Addl. Chief /Prin. Secy. Housing And Urban Planning Deptt. Lko. And Others Counsel for Petitioner :- Amrit Khare,Kazim Ibrahim Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra AND

¶5Case :- WRIT - C No. - 10726 of 2023

Petitioner :- Mohammad Saif Khan Respondent :- State Of U.P. Thru. Addil. Chief/ Prin. Secy., Housing And Urban Planning Dept., Lko. And Others Counsel for Petitioner :- Kazim Ibrahim,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard Sri J.N. Mathur, learned Senior Advocate assisted by Sri Kazim Ibrahim and Sri Amrit Khare on behalf of the petitioners, learned Standing Counsel for the State/respondents, Sri Ratnesh Chandra, learned counsel for the Lucknow Development Authority and Sri Namit Sharma, learned counsel appearing for the Lucknow Nagar Nigam.

¶2This Bunch of writ petitions is filed by the petitioners against the demolition orders. Admittedly, these persons have already filed their statutory appeals before the respondent no.2/Chairman/Appellate Authority under Section 27(2) of The U.P. Urban Planning and Development Act, 1973. It appears that in some cases there is a few days' delay in filing the appeals. It is informed to the Court that the Appellate Authority has fixed the date 14.12.2023 in all the cases on delay condonation and stay applications.

¶3In the given facts and circumstances, it is provided that the petitioners will appear before the respondent no.2/Chairman/Appellate Authority on

14.12.2023 at 11.00 A.M. The respondent no.2/Chairman/Appellate Authority will consider their delay condonation applications as well as the stay applications filed along with the appeals on merits and pass appropriate orders in accordance with law after hearing the petitioners as well as the development authority and/or any other person required in this regard. The orders passed upon the stay and the delay condonation applications or any other order passed by the Appellate Authority shall be provided to the petitioners by the evening of 15.12.2023.

¶4In case the orders are passed adverse to the petitioners, actions shall not be taken against the petitioners till 20.12.2023. The aforesaid time is provided to the petitioners to enable them to approach

appropriate

authority/Court

in accordance with law as they apprehend that any adverse order passed against the petitioners may be given effect to without even permitting the petitioners to challenge the same before the appropriate authority/Court.

¶5With the aforesaid directions, these writ petitions are disposed of. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 8.12.2023 Arjun/- High Court of Judicature at Allahabad, Lucknow Bench