Disposed

Sunil Yadav v. Special Secretary,Housing and Urban Planning/Sitting as Tribunal/Revisional Authority, Lko.and Ors.

Allahabad HC9 Jan 2024/41/2024

Case brief

AI extract

What is this about?

Petitioner sought expedition of a pending revision against an imminent property auction date. Court directed the Revisional Authority to decide the revision expeditiously before the next hearing date or prior to the auction, without examining merits.

What did the court decide?

Directed the Revisional Authority to decide the pending revision most expeditiously prior to the auction date fixed for 24.01.2024.

Sunil Yadav Vs Special Secretary,Housing and… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2114

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 41 of 2024

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Petitioner :- Sunil Yadav

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Respondent :- Special Secretary,Housing And Urban Planning/Sitting As Tribunal/Revisional Authority, Lko.And Ors.

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Counsel for Petitioner :- Karunanidhi Yadav,Radhika Singh Counsel for Respondent :- C.S.C.,Ratnesh Chandra

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Hon'ble Jaspreet Singh,J.

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Heard Shri Prashant Chandra, learned Senior Counsel along with Shri Karunanidhi Yadav, learned counsel for the petitioner.

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Notice on behalf of the respondent nos.1 and 4 has been accepted by the office of the Chief Standing Counsel. Shri Ratnesh Chandra, learned counsel has put in appearance on behalf of the respondents no.2 and 3.

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By means of the instant petition, a limited prayer has been made by the petitioner indicating that a revision bearing No.132 Pun/2023 (Sunil Yadav versus Lucknow Development Authority) is already pending and engaging the attention of the respondent no.1. It is further submitted that the revision is listed on 17.01.2024 for hearing. However, in the meantime, the respondents no.2 and 3 have notified an auction which is schedule to be held on 15.01.2024. It is in the aforesaid circumstances that the petitioner has approached this Court seeking expedition of the revision and it is also prayed that till the revision is decided at least the auction may not be held on 15.01.2024 as it would render the entire revisional proceeding infructuous.

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Shri Ratnesh Chandra, learned counsel for the respondents no.2 and 3 submits that it is correct to say that earlier the

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auction was fixed for 15.01.2024, however, the same has been rescheduled for 24.01.2024, hence the revision can be decided before the said date fixed.

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Having considered the submissions and from the perusal of the material on record, it is evident that the revision filed by the petitioner is pending before the respondent no.1 and the next date fixed is 17.01.2024 whereas the respondents no.2 and 3 have rescheduled the auction for 24.01.2024.

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In the aforesaid circumstances, this Court is of the opinion that no gainful purpose shall be achieved by keeping this petition pending rather ends of justice can be met by directing the respondent no.1 to consider and decide the pending revision most expeditiously, preferably on the next date fixed and in case it is not possible, then at least the application for interim relief filed along with the revision be decided prior to the date fixed for auction, after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment.

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It is made clear that this Court has not examined into the merits of case of either party and the revisional authority shall take a decision by a reasoned and a speaking order strictly in accordance with law.

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With the aforesaid observation, the petition is disposed of .

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Order Date :- 9.1.2024 KR/ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Sunil Yadav v. Special Secretary,Housing and Urban Planning/Sitting as Tribunal/Revisional Authority, Lko.and Ors.

Case brief

What is this about?

What did the court decide?

Sunil Yadav v. Special Secretary,Housing and Urban Planning/Sitting as Tribunal/Revisional Authority, Lko.and Ors.

Case brief

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