SHWETA SINGH Vs. VIJAY SHUKLA

JUDGEMENT

(1.) Heard Sri Gaurav Mehrotra, learned counsel for the petitioner, Sri Nishant Srivastava, learned counsel for respondent no.1 and Sri Ratnesh Chandra for respondent nos.2 & 3.

(2.) By means of the instant petition, the petitioner assails the impugned order dated 24.12.2020 passed by the District Judge, Lucknow in Appeal No.85/2020 by which an appeal preferred by the private respondent no.1 purporting to be under Sec. 29-B of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as the Act of 1973) has been admitted. Notices have been issued to the respondents fixing 02.02.2021 as the next date and the operation of the order dated 03.12.2020 was stayed.

(3.) While assailing the aforesaid order, learned counsel for the petitioner submits that in the first place no power of appeal has been conferred upon the District Judge in terms of Sec. 26-B of U.P. Urban Planning and Development Act, 1973. Moreover, it is urged that the order impugned in appeal is an order passed under sub-section 4 of Sec. 26-A of the Act of 1973 and under the aforesaid provisions there is no forum of appeal provided. It has also been submitted that the private respondent no.1 who is the appellant before the District Judge while preferring his memo of appeal has indicated the said appeal to be under Sec. 26-A of the Act of 1973.