Petitioner challenged an order permitting withdrawal writ pet with liberty to file representation against u p industrial area dev act notice.
Petitioner permitted to withdraw writ petition with liberty to avail the same.
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Court No. - 9
Case :- WRIT - C No. - 1339 of 2021
Petitioner :- Manoj And 4 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shiv Bahadur Singh,Devesh Kumar Counsel for Respondent :- C.S.C.,Anjali Upadhya,Ramendra Pratap Singh
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Dr. S.B. Singh, learned counsel appears on behalf of the petitioners.
Sri Ramendra Pratap Singh, learned counsel appears on behalf of the respondents no.3 and 4.
Learned Standing Counsel appears on behalf of respondent no.1 and 2.
Challenge in this writ petition is to an order dated 28.12.2020 passed by the respondents no.3. The order as apparent therefrom is in furtherance to direction of this Court in Writ Petition No.15476 of 2020 (Manoj Kumar and 4 Others Vs. State of U.P. and 3 Others) whereby liberty was granted to present petitioner to file a representation before the authority concerned against the notice issued to the petitioner under Section 10 of the U.P. Industrial Area Development Act, 1976. Finding has been arrived at by the authority concerned that illegal construction was raised by the petitioner over the land belonging to the authority.
It being not disputed by the learned counsel for the petitioner that the order is revisable under Section 41 (3) of the Uttar Pradesh Urban Planning and Development Act, 1973.
We permit the petitioner to withdraw this writ petition with liberty to avail the same. Petition is dismissed as withdrawn.
We make it clear that though we have dismissed the writ petition but it will not cause any prejudice to the petitioner and revision shall be considered on its own merit.
Order Date :- 21.1.2021 N Tiwari
(Jayant Banerji, J.) (Sanjay Yadav, J.)
Manoj And 4 Others
State Of U P And 3 Others
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
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