Hameed Khan v. State of U.P. Thru. Addl. Chief Secy. Prin. Housing Urban Planning Deptt. Sectt. Lko and 5 Others

In Chamber Case :- WRIT - C No. - 10784 of 2023 Petitioner :- Hameed Khan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Prin. Housing Urban Planning Deptt. Sectt. Lko And 5 Others Counsel for Petitioner :- Kazim Ibrahim,Akshay Kumar Singh,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra ALONG WITH:

(1) Case :- WRIT - C No. - 10785 of 2023 Petitioner :- Mohd. Haneef Respondent :- State Of U.P. Thru. Addl. Chief/Prin. Secy. Housing And Urban Planning Deptt. U.P. And 5 Others Counsel for Petitioner :- Kazim Ibrahim,Aishvarya Mathur,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra;

(2) Case :- WRIT - C No. - 10787 of 2023 Petitioner :- Huzoor Ahmad Respondent :- State Of U.P. Thru. Addl. Chief/Prin. Secy. Housing And Urban Planning Deptt. U.P. And 5 Others Counsel for Petitioner :- Kazim Ibrahim,Akshay Kumar Singh,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra;

(3) Case :- WRIT - C No. - 10788 of 2023 Petitioner :- Rehan Ali Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Housing And Urban Planning Deptt. Lko. And Others Counsel for Petitioner :- Kazim Ibrahim,Akshay Kumar Singh,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra;

(4) Case :- WRIT - C No. - 10789 of 2023 Petitioner :- Nasiruddin Respondent :- State Of U.P. Thru. Addl. Chief/Prin. Secy. Housing And Urban Planning U.P. Lko. And Others Counsel for Petitioner :- Kazim Ibrahim,Akshay Kumar Singh,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra;

(5) Case :- WRIT - C No. - 10790 of 2023 Petitioner :- Mohd. Faheem Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Housing And Urban Planning Deptt. Lko. And Others Counsel for Petitioner :- Kazim Ibrahim,Akshay Kumar Singh,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra;

(6) Case :- WRIT - C No. - 10791 of 2023 Petitioner :- Atiq Ur Rehman Respondent :- State Of U.P. Thru. Addl. Chief/Prin. Secy. Housing And Urban Planning Lko. And Others Counsel for Petitioner :- Kazim Ibrahim,Akshay Kumar Singh,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra; AND

(7) Case :- WRIT - C No. - 10792 of 2023 Petitioner :- Mohd. Abubakar Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Housing And Urban Planning Deptt. Lko. And Others Counsel for Petitioner :- Kazim Ibrahim,Akshay Kumar Singh,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1On urgency being mentioned in the matter, these writ petitions are being taken up today in Chamber.

¶2Heard Sri J.N. Mathur, learned Senior Advocate assisted by Sri Kazim Ibrahim, Sri Amrit Khare and Akshay Kumar Singh on behalf of the petitioners, learned Standing Counsel for the State/respondents and Sri Ratnesh Chandra, learned counsel for the Lucknow Development Authority.

¶3This 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.

¶4In 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.

¶5In 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.

¶6With 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