The court held that a remand order implicitly sets aside an impugned non-speaking order. The authority was restrained from demolishing the structure pending fresh orders after a hearing.
Injunction against demolition and direction to authorities to pass fresh orders after affording hearing to the petitioner.
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Court No. - 6
Case :- WRIT - C No. - 7572 of 2023
Petitioner :- Zahid Ali (Advocate) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Kumar Yadav Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana
Hon'ble Pankaj Bhatia,J.
The present petition has been filed by the petitioner challenging the order dated 05.12.2022.
The contention of the counsel for the petitioner is that although by the appellate order, the matter has been remanded for passing fresh orders, however, while doing so, the order impugned in the appeal being the order dated 22.11.2018 was not set aside and the respondent-authorities are bent upon to carry out the demolition of the construction raised by the petitioner.
He draws by intention to the order dated 22.11.2018 to demonstrate that the said order is an exparte order and no opportunity of hearing was granted to the petitioner.
Considering the fact that the appellate authority itself has remanded the matter. It is clarified that the order dated 22.11.2018, although not specifically set aside, stands set aside by the order dated 05.12.2022. The respondent authorities are to pass fresh orders in accordance with law and after giving an opportunity of hearing to the petitioner.
Needless to say that till fresh orders are passed and no exercise for demolition shall take place.
Shri Krishna Mohan Asthana, he argues on behalf of respondent nos. 3 and 4.
Order Date :- 20.3.2023 Ashutosh
Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the impugned appellate order implicitly sets aside the non-speaking 2018 order without an explicit declaration and subsequent demolition.
Zahid Ali
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
