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SMT. RAGINI PRASAD versus A.D.A. & ANOTHER

High Court of Judicature at Allahabad

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Smt. Ragini Prasad v. A.D.A. & Another - WRIT - C No. 8324 of 1998 [2007] RD-AH 12284 (18 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 10

CIVIL MISC. WRIT PETITION NO. 8324 OF 1998.

Smt. Ragini Prasad                                                                               ......Petitioner.

Versus

The Allahabad Development Authority through its

Vice-Chairman and another                                                         .........Respondents.

WITH

CIVIL MISC. WRIT PETITION NO. 37522 OF 1997.

Dr. Kalpana Verma and others                                                            .....Petitioners.

Versus

The Allahabad Development Authority

and others                                                                                    .........Respondents.

........................

Hon'ble Anjani Kumar, J.

Hon'ble Sabhajeet Yadav, J.

These two writ petitions raise common question of facts and law, therefore, are being disposed of by a common judgment. A counter affidavit has been filed in the writ petition No. 8324 of 1998 which is being taken up for the purposes of argument in both the writ petitions.

Petitioners of both the writ petitions by means of these two writ petition have sought  for issuance  of a writ of Mandamus directing the respondents to grant sanction/approval to the plan/map of the petitioners regarding the respective plots in question in bunglow no. 9/7 Motilal Nehru Road, Allahabad. Petitioners have further prayed for issuance of a writ of Mandamus directing the respondents not to raise any obstruction in the construction of the house by the petitioners as proposed by them in the map/plan submitted to the respondents and not to demolish the constructions already done in the respective plots in question in bunglow no. 9/7 Motilal Nehru Road, Allahabad.  

Petitioners have stated in the writ petition that they have submitted the lay out plan of the plot in question for sanction. This fact has been denied in the counter affidavit and it has been stated that the lay out plan submitted by the petitioners has been rejected by the respondents. It is further stated in the counter affidavit that the order for demolition of the construction in question was passed on 23rd March, 1998 under Section 27 of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as the 'Act') but the same has not been given effect to because of the interim order passed by this Court in writ petition No. 8324 of 1998. Learned counsel for the respondent further submitted that against the order of rejection of lay out plan and also the order of demolition, petitioners have a remedy to file an appeal and thereafter a revision under the provisions of the Act.

In these circumstances, we are not inclined to exercise jurisdiction under Article 226 of the Constitution of India. This writ petition has no merit and is dismissed accordingly. interim order, if any, stands vacated.

Dated: 18.7.2007.

HR

........................


Copyright

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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