Allahabad High Court
JATA SHANKAR ALIAS RAM SHANKAR DUBEY AND 8 OTHERSversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The petitioners are permitted to file a fresh objection/reply and the authority must decide the matter after due notice and hearing.
Summary
The petitioners filed a writ petition challenging the inaction of the Uttar Pradesh Awas Evam Vikas Parishad authority after they submitted a reply to a notice dated 10.08.2023 under Section 29 of the Act. The petitioners alleged that no decision had been taken on their reply, violating their right to be heard. The Court examined whether the authority was obligated to decide within a reasonable time and whether the petitioners could be permitted to file a fresh objection. The Court held that the petitioners should be allowed to file a fresh objection/reply before the Executive Engineer, with a certified copy of the order, and that the authority must decide the matter after giving due notice and hearing. Accordingly, the writ petition was disposed with directions for filing fresh objections within one month and for the authority to decide within two months.
Issues considered
- Whether the authority's failure to decide on the petitioners' reply under Section 29 of the U.P. Awas Evam Vikas Parishad Act, 1965 violates the petitioners' right to be heard.
- Whether the petitioners may be permitted to file a fresh objection/reply to the notice dated 10.08.2023.
Legislation cited
- U.P. Awas Evam Vikas Parishad Act, 1965 — s. 29
Subjects
- writ petition
- administrative law
- right to be heard
- Section 29
- U.P. Awas Evam Vikas Parishad
- procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 33948 of 2026
Jata Shankar Alias Ram Shankar Dubey And 8
Others .....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Babu Ray, Vikas Shukla
Counsel for Respondent(s) : C.S.C., Pranjal Mehrotra
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. List of fresh cases has been revised. Learned counsel for the petitioners is
present. However, learned counsel for the private respondent no.4 is not
present.
2. Heard learned counsel for the petitioners and learned Standing Counsel
for the State respondents.
3. Pursuant to the notice dated 10.08.2023, under Section 29 of U.P. Awas
Evam Vikas Parishad Act, 1965, the petitioners have submitted reply on
23.08.2023.
4. The grievance of the petitioners is that till date, no decision has been taken
by the authority on the reply submitted by the petitioners.
5. In view of the aforesaid submission of learned counsel for the petitioners,
we dispose off the writ petition permitting the petitioners to file fresh
objection/reply separately against the notice dated 10.08.2023 before the
respondent no.4-Executive Engineer, Uttar Pradesh Awas Evam Vikas
Parishad, Nirman Khand, Varanasi along with a certified copy of this order
within a period of one month from today. In case such objections are filed by
each of the petitioners, the respondent no.4 shall consider and decide the
same strictly in accordance with law after giving due notice and opportunity
of hearing to all the parties within a period of two months thereafter.
September 8, 2026
NS
(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)
Digitally signed by :-
NITIN KUMAR
High Court of Judicature at Allahabad
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