The High Court rejected a petition for a writ of mandamus seeking regularization of constructions, holding that the petitioner failed to comply with statutory requirements to file a compounding application and plan.
Writ of mandamus dismissed; liberty to apply afresh in accordance with law.
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Court No. - 21
Case :- WRIT - C No. - 39643 of 2022
Petitioner :- Nagendra Kumar Trivedi Respondent :- State of U.P. and Another Counsel for Petitioner :- Vijay Kumar Mishra,Maithali Sharan Pipersenia Counsel for Respondent :- C.S.C.,Anand Prakash Paul
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
Heard Sri M.S. Pipersenia, learned counsel for the petitioner and Sri A.P. Paul, learned counsel for respondent no. 2.
The sole prayer pressed by learned counsel for the petitioner is for a direction to the respondents to consider the petitioner's representation for regularization of the constructions.
Sri A.P. Paul, learned counsel appearing on behalf of the respondent Authority submits that for getting the constructions regularized, the petitioner has to file proper compounding application along with compounding plan and has to deposit requisite fee, which has not been done and which fact has not been disputed by Sri MS. Pipersenia, learned counsel for the petitioner.
Consequently, we find no good ground to issue a writ of mandamus as prayed for.
The petition is dismissed with liberty to the petitioner to apply afresh in accordance with law.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 23.12.2022 Jaideep/-
Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus directing the respondents to consider their representation for regularization of constructions.
Nagendra Kumar Trivedi
State of U.P.
Respondent Authority
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
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