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Subhash Chandra Srivastava v. District Magistrate, Allahabad & Others - WRIT - C No. - 47256 of 2007 [2007] RD-AH 16201 (1 October 2007)

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Court No. 9

Civil Misc. Writ Petition No. 47256 of 2007

Subhash Chandra Srivastava ........................Petitioner.


The District Magistrate, Allahabad and

others. ....................Respondents.


Hon'ble V.M.Sahai, J.

Hon'ble S.P.Mehrotra, J.

We have heard Sri A.K. Gupta, learned counsel appearing for the petitioner, Sri Vivek Saran, learned counsel appearing for the respondents Nos. 2 and 3, Sri B.L. Verma, learned counsel appearing for the respondent No. 5 and the learned Standing Counsel appearing for the respondents Nos. 1 and 4.

This writ petition has been filed by the petitioner on the ground that the order dated 18-09-2007 passed by the District Magistrate, Allahabad is illegal, by which he has ordered for removal of the encroachment on public road without giving any notice or opportunity of hearing to the petitioner.

Sri Vivek Saran, learned counsel appearing for the respondents Nos. 2 and 3 submits that a show-cause notice has been issued to the petitioner in the matter wherein the petitioner has been directed to appear on 8-10-2007.

Copy of the said show-cause notice has been supplied to Sri A. K. Gupta, learned counsel for the petitioner.

As noted above, by the said show-cause notice issued by the Avas Vikas Parishad, Allahabad, 8-10-2007 has been fixed on which date the petitioner has been called.

In the circumstances, it is directed that the petitioner shall appear before the authority concerned, Avas Vikas Parishad, Allahabad and will file reply on 8-10- 2007, and the reply of the petitioner will be considered in accordance with law, and a reasoned and speaking order will be passed by the Avas Vikas Pariashad, Allahabad within a further period of one month, thereafter.

The order passed by the District Magistrate, Allahabad dated 18-09-2007 (Annexure No. 3 to the Writ Petition) directing the Station House Officer, Police Station, Jhusi shall be kept in abeyance till the matter is decided by the Avas Vikas Parishad, Allahabad, as mentioned above.

With the aforesaid directions, the Writ Petition stands disposed of.


W.P.No.47256 of 07


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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