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2016 DIGILAW 3836 (ALL)

Firoz Ali Jafari v. State of U. P.

2016-11-29

MAHESH CHANDRA TRIPATHI, V.K.SHUKLA

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JUDGMENT Firoz Ali Jafari and Afroz Ali Jafari are before this Court assailing the ex-parte orders dated 23.06.2016 and 07.11.2016 passed by the third respondent i.e. Deputy Secretary/Authorized Officer, Bareilly Development Authority, Bareilly. At the very outset, Sri Satyam Singh, learned counsel representing the Bareilly Development Authority, Bareilly (hereinafter referred to as the 'Authority') has taken a precise objection that against the order passed under Section 27, 28(1) and 28(2) of the Urban Planning Development Act, 1973 (hereinafter referred to as the 'Act, 1973') the petitioners have got efficacious alternative remedy to file an Appeal before the Commissioner and at this score the writ petition in question is liable to be dismissed. Learned counsel for the petitioners submits that in the present matter the entire proceeding has taken place against Sri Sher Ali Jafari whereas the petitioners are recorded tenure holders. He further submits that the petitioners have already represented the third respondent ventilating their grievance alongwith a map and has also deposited requisite Rs.5000/- towards compounding fee on 19.08.2016 and as such the petitioners' application is liable to be considered for compounding. We have proceeded to examine the record in question and we find that in the present matter a notice under Section 27(1) of the Act, 1973 was issued to the Sher Ali Jafari on 23.06.2016 and thereafter ceiling proceeding has taken place. No doubt, the petitioners has got efficacious remedy to file Appeal against the order passed under Section 27, 28(1) and 28(2) keeping in mind that the order impugned has been passed ex-parte against the petitioners and the petitioners have already represented through proper application for deciding their compounding application. Consequently, we dispose of the writ petition asking the Vice Chairman, Bareilly Development Authority, Bareilly, to look into the grievance of the petitioners and pass appropriate order strictly in accordance to law after affording opportunity to the petitioners, preferably within three weeks from the date of receipt of a certified copy of this order. With the aforesaid direction, the writ petition in question stands disposed of.