Islamuddin Qureshi v. State of U.P. Thru. Addl.Chief/ Prin. Secy. Housing and Urban Planning Deptt. U.P. Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 10929 of 2023 Petitioner :- Islamuddin Qureshi 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; ALONG WITH

(1) Case :- WRIT - C No. - 10930 of 2023 Petitioner :- Mohammad Abrar Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin.Secy. Housing And Urban Planning Deptt.Lko. And 4 Others Counsel for Petitioner :- Kazim Ibrahim,Aishvarya Mathur,Amrit Khare Counsel for Respondent :- C.S.C.,Ratnesh Chandra;

(2) Case :- WRIT - C No. - 10932 of 2023 Petitioner :- Mohd. Shaf 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,Aishvarya Mathur,Amrit Khare Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra;

(3) Case :- WRIT - C No. - 10933 of 2023 Petitioner :- Deepak Chaurasia Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Housing And Urban Planning Lko. And 4 Others Counsel for Petitioner :- Kazim Ibrahim,Aishvarya Mathur,Amrit Khare Counsel for Respondent :- C.S.C.,Ratnesh Chandra; AND

(4) Case :- WRIT - C No. - 10935 of 2023 Petitioner :- Mohd. Naushad Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Housing/Urban Planning Deptt. Lko. And 4 Others Counsel for Petitioner :- Kazim Ibrahim,Aishvarya Mathur,Amrit Khare Counsel for Respondent :- C.S.C.,Ratnesh Chandra; Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

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

¶2Heard Sri J.N. Mathur, learned Senior Advocate assisted by Sri Kazim Ibrahim, Sri Amrit Khare, and Ms. Aishvarya Mathur 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 fled by the petitioners against the demolition orders. Admittedly, these persons have already fled 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 fling the appeals. It is informed to the Court that the Appellate Authority has fxed 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 fled 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 :- 13.12.2023 Arjun/- High Court of Judicature at Allahabad, Lucknow Bench