Smt. Naushaba Khatoon and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Housing and Urban Planning U.P. Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 10893 of 2023 Petitioner :- Smt. Naushaba Khatoon And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning U.P. Lko. And Others Counsel for Petitioner :- Chandra Shekhar Pandey,Ashish Kumar Singh,Atul Kumar Mishra Counsel for Respondent :- C.S.C.,Puneet Chandra Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1Shri Vishwas Shukla, learned counsel, has filed a supplementary affidavit along with Vakaltnama, on behalf of petitioners in Court today. The same is taken on record.

¶2Heard Shri Vishwas Shukla, learned counsel for the petitioners and Shri Puneet Chandra, learned counsel for respondent Nos.2 and 3-U.P. Avas Vikas Parishad.

¶3Petitioners have approached this Court challenging the impugned notice dated 04.12.2023 for ceiling issued by the Executive Engineer, Nirman Khand Lucknow-6 of U.P. Avas Evam Vikas Parishad as well as praying that he may not initiate ceiling proceedings after filing of the present petition, the property stands sealed which fact is admitted by the respondents.

¶4In the given circumstances, learned counsel for the petitioners, states that the grievance of the petitioners sufficiently met in case, he is permitted to file reply to the ceiling notice and the same may be decided expeditiously by respondent No.3.

¶5Shri Puneet Chandra, learned counsel for U.P. Avas Vikas Parishad, does not oppose the said prayer.

¶6Considering the aforesaid facts and circumstances of the case, petitioners are permitted to file their reply to the ceiling notice before the respondent No.3-Executive Engineer/Prescribed Authority, U.P. Avas Vikas Parishad, Lucknow within a period of 10 days from today, who shall decide objections/reply of the petitioner within a period of four weeks by a reasoned and speaking order in accordance with law and provide a copy of the same to the petitioners.

¶7With the aforesaid observation/direction, the instant writ petition stands disposed of. (Om Prakash Shukla, J.) (Vivek Chaudhary, J.) Order Date :- 18.12.2023 Shubhankar High Court of Judicature at Allahabad, Lucknow Bench