RAVI KUMAR JAISWAL versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Ravi Kumar Jaiswal v. State Of U.P. & Others - WRIT - C No. 5934 of 2006 [2006] RD-AH 2417 (31 January 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed against the decision taken by the Board of the Allahabad Development Authority for demolition of the  House.

Sri A.K. Misra, learned counsel for the respondents no. 2, 3 and 4 has submitted that the petitioner has approached this Court without filing the statutory appeal/revision as provided under the Statute. Thus, the writ petition should not be entertained.

Sri U.N. Sharma, learned Senior Counsel appearing for the petitioner submitted that it may not be appropriate to file appeal before the Divisional Commissioner for the reason that the decision was taken in the meeting of the Board in which the Divisional Commissioner presided.

In view of the above, Sri A.K. Misra and the learned Standing Counsel submitted that if the petitioner files a Revision before the State Government under Section 41 of the U.P. Urban Development Act, 1973 within a period of two weeks from today along with an application for interim relief, the application for interim relief shall be considered by the authority concerned within a period of two weeks from the date of filing the said revision.

In view of the above, we dispose of this petition with the direction that if the petitioner files a Revision under Section 41 of the Act, 1973 along with an application for interim relief within a period of two weeks from today, the same shall be entertained and the application for interim relief, if filed, may be decided within a period of two weeks thereafter in accordance with law.

For a period of four weeks, status quo as on today, shall be maintained regarding the construction.    

31/1/2006

SB-5934-06

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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