A writ petition challenging notices issued regarding a group housing plot was disposed of as no jurisdiction plea was taken. The court granted liberty to the petitioner to file a detailed reply.
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Court No. - 2
Case :- WRIT - C No. - 3125 of 2022
Petitioner :- M/S Samiah International Builders Ltd. Thru. Its Authorized Signatory, Lko.
Respondent :- State Of U.P. Thru. Secy. Housing Govt. Of U.P. Civil Secrt. Lko. And Others
Counsel for Petitioner :- Prashant Kumar,Saurabh Misra Counsel for Respondent :- C.S.C.,Puneet Chandra
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner as well as Mr. Puneet Chandra, learned counsel representing the U.P. Awas Evam Vikas Parishad.
By means of this petition a challenge has been made to the notice dated 13.04.2022 issued by the Executive Engineer, U.P. Awas Evam Vikas Parishad in respect of group housing Plot No.6-A/GH-1, Sector 6A, Vrindavan Yojna-1, Lucknow concerning its completion certificate. The show cause notice makes mention of certain grounds in respect of which the petitioner has been required to furnish its reply. Similarly another notice has been issued on 29.04.2022 calling upon the petitioner to furnish explanation as to why the alleged illegal construction may not be demolished.
Show cause notices, specially if they are statutory in nature, can be challenged only if the authority issuing such notices is not competent legally to issue the same, that is to say it can be challenged only if the notices are without jurisdiction.
No such plea in this writ petition has been taken and even otherwise also we do not find that the impugned notice dated 13.04.2022 as also notice dated 29.04.2022 have been issued by
an authority who is not competent to issue such notices.
In view of the aforesaid, we are not inclined to interfere in the writ petition, it is is hereby disposed of with the liberty to the petitioner to submit its reply to the aforesaid notices dated 13.04.2022 and 29.04.2022 within one week from today. It shall be open to the petitioner to take all the pleas which may be available to it under the law while furnishing reply to the aforesaid show cause notices. Once the reply to the show cause notices is received, the respondents shall proceed to take a final decision in the matter within ten days thereafter, strictly in accordance with law.
Depending upon the final decision to be taken on submission of the reply to the show cause notice dated 13.04.2022 and 29.04.2022, it will be open to take any action which may be permissible under the law by the Awas Evam Vikas Parishad.
(Subhash Vidyarthi, J.) (Devendra Kumar Upadhyaya, J.)
Order Date :- 26.5.2022 Ram.
Digitally signed by RAM SINGH Date: 2022.05.27 10:24:44 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ court can interfere in the present petition without any plea taken regarding jurisdiction. What is the fate of the writ petition filed by the petitioner against the show cause notices
2 provisions across 2 enactments
M/S Samiah International Builders Ltd.
State Of U.P.
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
