Writ petition filed by a complainant seeking direction for expeditious decision on objections in a demolition appeal against a private respondent. Court held complainant is not a necessary party and dismissed the petition.
None. The writ petition was dismissed as the petitioner was not a necessary party.
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Court No. - 34
Case :- WRIT - C No. - 21390 of 2020 Petitioner :- Krishna Kumar Singh Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Awadhesh Kumar Sharma,Sharda Vishwakarma
Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
Sri Ravi Prakash Pandey learned Advocate has put in appearance on behalf of respondent nos.2 to 4.
The petitioner is merely a complainant who seeks disposal of his objections pending before respondent no.4.
A perusal of the record indicates that the demolition order was passed against the private respondent, which was challenged in the appeal before the Commissioner, Varanasi Division, Varanasi, wherein the matter has been remitted for fresh consideration before respondent no.4 i.e the Zonal Officer, Varanasi Development Authority, District Varanasi.
The petitioner states that he has submitted his objection on 28.2.2020 pursuant to the notice dated 28.1.2020 issued form the office of Varanasi Development Authority. No final decision, however, has been taken by the respondent no.4 till date.
The prayer in the writ petition is to issue a direction to respondent no.4 to take an expeditious decision considering the objection raised by the petitioner pursuant to the notice dated 28.1.2020.
We are of the considered opinion that in the matter of demolition against the private respondent, the complainant is not a necessary party. Even otherwise, in case, any information/assistance from the complainant has been sought by the Zonal Officer, he will deal with the same in accordance with law.
No writ of mandamus can be issued at the instance of the petitioner who is the complainant.
The writ petition is, accordingly, dismissed.
Order Date :- 8.12.2020/Harshita
1 issue framed by the court
Whether the complainant is a necessary party for seeking a direction to the Zonal Officer to take an expeditious decision on objections in a demolition appeal.
Krishna Kumar Singh
State Of U P
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
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