Disposed

Krishna Kumar Dubey v. Up Avas Evam Vikas Parishad and 5 Others

Allahabad HC2 Dec 2024WRIC/39763/2024

Case brief

AI extract

What is this about?

This single judge writ petition addresses a challenge to an order cancelling a dwelling house allotment without prior notice. The High Court treated the impugned order as a final show-cause notice, directed a two-week reply, and restrained coercive enforcement for eight weeks or until a fresh decision.

What did the court decide?

Impugned order treated as final show-cause notice; reply required within two weeks; coercive measures stayed for eight weeks.

Krishna Kumar Dubey vs Up Avas Evam Vikas… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:188804-DB

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Court No. - 39

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Case :- WRIT - C No. - 39763 of 2024

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Petitioner :- Krishna Kumar Dubey Respondent :- Up Avas Evam Vikas Parishad And 5 Others Counsel for Petitioner :- Rakesh Pathak,Vijay Kumar Ojha Counsel for Respondent :- Vineet Pandey

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Hon'ble Saumitra Dayal Singh,J. Hon'ble Donadi Ramesh,J.

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Heard Sri Anil Bhushan, learned Senior Counsel assisted by Sri Vijay Kumar Ojha, learned counsel for the petitioner, Sri Vineet Pandey, learned counsel for all respondents and perused the records.

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Having heard learned counsel for the parties and having perused the records, undoubtedly writ petition i.e. Writ-C No.25518 of 2024 (Krishna Kumar Dubey Vs. U.P. Awas Evam Vikas Parishad and 5 others) was disposed of by the following order:

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"4. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue, we dispose of the writ petition with observation that in case the aforesaid objection/ representation is still pending consideration, the Authority must take final call in the matter in accordance with law expeditiously and preferably within six weeks from the date of production of certified copy of this order but certainly after giving audience to the petitioner."

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The impugned order has been passed within three months therefrom cancelling the petitioner's allotment on the reasoning that the petitioner was enjoying another allotment of a dwelling house allotted by the U.P. Awas Evam Vikas Parishad (in short 'the Parishad'), from before. In that regard, reliance has been placed on existing policy of the Parishad. At the same time, on query made, it could not be established by learned counsel for the respondents that the reasoning in the impugned order has arisen on the strength of any prior show-cause notice issued to the petitioner, with respect to which the petitioner may have availed any opportunity to file any representation or objection to establish correct facts, as he may claim.

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To the above extent, the impugned order dated 25.10.2024 passed by respondent no.2 appears to be ex parte . Since valuable civil rights of the petitioner have been affected, we consider such opportunity to be necessary.

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In view of the above, no useful purpose may be served in keeping this petition pending or calling for a counter affidavit, at this stage.

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The allegation being made by the Parishad is specific. Insofar as same has been clearly noted in the impugned order dated 25.10.2024.

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We therefore provide that the petitioner may treat the said impugned order as the final show-cause notice and furnish his reply thereto within a period of two weeks from today supported by his personal affidavit annexing thereto all relevant documents on which he may seek to rely. Subject to such compliance, respondent no.2 may fix a short date and pass a reasoned order dealing with the objection that may be raised by the petitioner, as expeditiously as possible, preferably within a period of four weeks from the date of reply/objection being filed by the petitioner.

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For a period of eight weeks or till fresh decision by respondent no.2, whichever is earlier, no coercive measures may be adopted against the petitioner in pursuance of the impugned order dated 25.10.2024 passed by respondent no.2.

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The writ petition is disposed of in terms of the aforesaid order.

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Order Date :- 2.12.2024 CS/-

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(Donadi Ramesh, J.) (Saumitra Dayal Singh, J.)

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Krishna Kumar Dubey v. Up Avas Evam Vikas Parishad and 5 Others

Case brief

What is this about?

What did the court decide?

Krishna Kumar Dubey v. Up Avas Evam Vikas Parishad and 5 Others

Case brief

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