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Judgment
VIKAS BAHL, J. (ORAL)
In the headnote of the petition, following prayers have been made:
“Civil Writ Petition under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction, especially in the nature of Certiorari for quashing the impugned orders dated 02.02.2022 and 23.01.2023 (Annexure P-2 & P-3) by which revised building plan was firstly provisionally and thereupon finally approved by Respondent No. 2 contrary to the statutory rules; AND Issuance of an appropriate writ, order or direction especially in the nature of Mandamus directing the private respondents no 4 & 5 to stop the illegal construction of Pent House which is against the sanctioned plan and remove the structure which was already constructed before filing of the writ petition. AND Further prayed that the Lokayukta, Haryana (Respondents No. 3) be directed to expidite the proceeding in the complaint filed by the petitioner against the final approval of the amended sanctioned plans for building illegal pent house in a time bound manner. Further prayed that during the pendency of the present writ petition, further construction of the Pent House on the basis of approved sanctioned building plan vide impugned order dated 23.01.2023 (Annexure P-3), may kindly be stayed; AND/OR Issuance of any other appropriate order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the petitioners.”
Learned counsel for the respondents-State has submitted that the impugned order dated 23.01.2023 has been passed by the Director, Town and Country Planning, Haryana, and the said order is appealable under Section 19 of The Haryana Development and Regulation of Urban Areas Act, 1975.
Learned senior counsel for the petitioners has submitted that in view of the same, he be permitted to withdraw the present petition with liberty to file an appeal in accordance with law. It is further prayed that in case the petitioners file an appeal within a period of one month from today, then, the Appellate Authority be directed not to dismiss the same solely on the ground of limitation.
Keeping in view the abovesaid facts and circumstances, the petitioners are permitted to withdraw the present petition with liberty to file the statutory appeal in accordance with law.
In case the petitioners file the appeal within a period of one month from today, the Appellate Authority is directed to decide the same on merits.