In a writ petition for non-interference in possession, the Court granted the petitioner liberty to file a fresh representation before the Kanpur Development Authority with a deadline for the authority to decide.
Liberty granted to file fresh representation; authority directed to decide within six weeks.
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Court No. - 32
Case :- WRIT - C No. - 11191 of 2020
Petitioner :- Samala Devi Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avanish Kumar Shukla, Mithilesh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, inter alia, for the following reliefs:
"(I) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 2 and 3 not to interfere in peaceful possession of the petitioner over the House in question i.e. E.W.S-5 situated at Jarauli Phase2, Kanpur Nagar.
(II) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 3 to decide the application dated 15.05.2020 moved by the petitioner within stipulated period. "
Heard learned counsel for the parties and perused the material available on record.
Shri Vibhu Rai, learned counsel appearing on behalf of the respondent nos. 2 and 3-Kanpur Development Authority has stated that in case the petitioner files a fresh representation before the authority concerned ventilating his grievance, the authority concerned shall decide the same in accordance with law within a stipulated period.
Considering the facts and circumstances of the case, we grant liberty to the petitioner to make a fresh representation before the respondent no. 3-
Secretary, Kanpur Development Authority ventilating his grievances within two weeks from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its entire Annexures and, if any such representation is made, the said authority shall make all endeavours to consider and decide the same in accordance with law by a speaking order expeditiously preferably within six weeks from the date of receipt of the said representation after affording opportunity to the petitioner. It is open to the petitioner to adduce evidence in support of his contentions.
With this observation, this writ petition stands finally disposed of.
It is made clear that this Court has not expressed any opinion on merits of the case.
Order Date :- 7.9.2020 Arun
1 issue framed by the court
Whether the petitioner should be granted liberty to file a fresh representation with the authority to decide within a stipulated period.
Samala Devi Sharma
State Of U.P.
First Others
Second Others
Kanpur Development Authority
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
