High Courts(2008) 12 AHC CK 0171

Ganga Ram Sahu Alias Ganga Ram Teli vs U.P.Avas Evam Vikas Parishad 104 Mahatma Gandhi Marg Lucnkow

Allahabad High Court · Decided on 2 December 2008

HON’BLE JUDGES
Pradeep Kant, J and Shabihul Hasnain, J
RESULT
Disposed Of

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Judgment

6 paragraphs · 177 words

Shabihul Hasnain, J.

This application has been moved by the petitioner saying that the order which was dictated on 24.10.08 was not transcribed and that is not on record.

Sri K.S. Pawar appearing for Avas Evam Vikas Parishad also accepts the aforesaid position. He says that the petitioners were given liberty to move a fresh representation before the Executive Engineer, Construction Division31, opposite party no. 2, who was required to decide the representation first, before proceeding for any further action of demolition or taking possession.

We have again heard the parties'' counsel.

We, in view of the admitted facts aforesaid, dispose of the writ petition finally, with a direction that the petitioner may make a fresh representation to the Executive Engineeropposite party no. 2 within a maximum period of two weeks from today and on making such a representation, the Executive Engineer shall decide the same after affording opportunity to the concerned parties expeditiously.

Till the representation is decided, the petitioners'' possession over the house in question will not be disturbed nor the same shall be demolished.