High Court rejected a writ petition seeking demolition of unauthorized constructions. The court found the petitioner's interest conflicted with respondent no. 4 and declined substantive examination without prejudice to future suits.
Mandamus directing demolition was not granted; petition stands rejected.
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Court No. - 21
Case :- WRIT - C No. - 22157 of 2022
Petitioner :- Monika Puri Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bijai Prakash Tiwari Counsel for Respondent :- C.S.C.,Abhinava Krishna Srivastava
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The instant petition has been filed praying for a mandamus directing respondents no.2 and 3 to demolish certain unauthorized constructions said to have been raised by respondent no.4 over Arazi No.211, 214, 215, 216, 224, 225 Village Bingawan, District Kanpur Nagar in pursuance of order dated 15.10.2020.
Para 17 of the writ petition is as follows:-
"That the petitioner is a Lady also whose shares have been sold out by the respondent no.4 without obtaining any consent from her or he has taken any layout plan or sanctioned any map from the Authority, nor he has taken any permission to sold out the land, in spite of that, he has sold out the land, even the land of the Development Authority has not been spared by him, in spite of that the order of demolition dated 15.10.2020 could not be carried out, even after the completing the exercise provided under the Uttar Pradesh Urban Planning and Development Act, 1973."
It reveals that the interest of the petitioner is in direct conflict with respondent no.4. Consequently, we decline to examine the issues at the behest of the petitioner. We keep the issues open for consideration in some other appropriate case.
The petition accordingly stands rejected.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 15.9.2022 SL
Digitally signed by SHYAM LAL Date: 2022.09.16 11:58:31 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present petition regarding unauthorized construction is appropriate before this court when the petitioner's interest is in direct conflict with respondent no. 4.
Monika Puri
State Of U.P.
Respondent No. 2
Respondent No. 3
Respondent No. 4
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
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