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Uttam Chand Mittal v. State Of U.P. And Others - WRIT - C No. 25053 of 2006  RD-AH 9268 (9 May 2006)
Court no. 1
Civil Misc. Writ Petition no. 25053 of 2006
Uttam Chand Mittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner.
The State of U.P. and others . . . . . . . . . . . . . . . . . . . .Respondents.
Hon'ble Yatindra Singh,J.
There is a building no. C-180 situate at Sector 12 THA residential colony Ramaprastha, Ghaziabad. It has basement, ground floor, first floor and second floor. According to the petitioner he purchased the basement and first floor of the said building. He has filed the present writ petition for a direction to the respondents not to seal the basement of the petitioner.
We have heard counsel for the petitioner, the Standing Counsel and Sri A.K. Misra for the respondents.
According to Sri A.K. Misra counsel for the Ghaziabad Development Authority (GDA), basement is meant for parking vehicles and it is not being utilized as parking place but is being utilized as commercial place and this is the reason for sealing the basement.
The counsel for the petitioner submits that the basement is not being used for commercial purposes but it is being used as store. He has also made a statement before this Court that if in the sanctioned plan basement is meant for parking vehicles only, then the petitioner will utilize the basement only as a parking place.
Sri A.K. Misra has produced a photostat copy of the sanctioned map of the said building which reveals that the basement is to be utilized for parking vehicles. . It was handed over to Sri Siddharth Singh, counsel for the petitioner
Considering the facts and circumstances of the case, it would be appropriate that the petitioner may file a fresh representation before respondent no. 3 incorporating the undertaking given before this Court within one month from today. In case the representation is filed, it may be decided by the said respondent by a reasoned order at an early date, if possible, within three months from the date of receipt of the representation. The petitioner will file a certified copy of this order; necessary documents and a duly stamped self addressed envelope along with the representation. The concerned authority after taking decision will communicate the same to the petitioner.
No further action will be taken against the petitioner till the representation of the petitioner is decided by the concerned authority. It is also made clear that in case the petitioner's basement has been sealed then the seal will be removed after he files the representation containing the aforesaid undertaking.
With these observations, the writ petition is disposed of.
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