Court No. - 2 Case :- WRIT - C No. - 43460 of 2010 Petitioner :- Mewa Lal Rathore Respondent :- State Of U.P. And Others Petitioner Counsel :- Ramendra Asthana Respondent Counsel :- C.S.C.,Chandan Sharma Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner and Sri Chandan Sharma,
learned counsel appearing on behalf of respondent No.2 and
learned Standing Counsel appearing on behalf of respondent Nos.
1 and 3.
With the consent of the parties the petitioner is finally disposed of.
By this writ petition, petitioner has prayed for a mandamus
commanding the respondents not to demolish, except in
accordance with law, shop of the petitioner bearing a part of
Premise No. 52/44, Nai Dal Mandi, Kanpur.
Petitioner’s case in the writ petition is that petitioner and several
other persons were carrying on their business in the aforesaid
premises.
Learned counsel for the petitioner submits that one similarly
situated person had filed a writ petition being Writ Petition
No.33357 of 2010, Rajendra Kumar Gupta Vs. State of U.P. and
others, which was disposed of by this Court vide order dated 1st
June, 2010 giving liberty to the petitioner to make a representation
before respondent No.2. It was further observed that till the
representation is decided by a reasoned and speaking order, status
quo on the plot/shop as on date shall be maintained by the parties.
In view of the above, following the aforesaid order this petition is
also disposed of giving liberty to the petitioner to make a fresh
representation before the respondent No.2, who may consider and
decide the same by a reasoned and speaking order as expeditiously
as possible preferably within a period of three weeks from the date
of making such representation. Petitioner undertakes to submit a
copy of this order along with the representation before respondent
No.2 within a week from today.
It is further observed that till the representation of the petitioner is
decided, status quo on the plots as on date shall be maintained by
the parties.
With the above observations, the writ petition is finally disposed
of.
Office is directed to serve a certified copy of this order to the
learned counsel for the petitioner today on payment of usual
charges.
Order Date :- 28.7.2010
Shiraz