MOHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been taken today up in the chambers of one of us (Justice Ashok Bhushan) under the nomination by Hon'ble the Senior Judge dated 25.12.2012. Heard Sri Bharat Bhushan Paul, learned counsel for the petitioner, Sri B.B. Paul, learned Senior Advocate appearing for respondent Nos. 2 and 3, Sri Chandra Shekhar Singh, learned Additional Chief Standing Counsel for the State and Sri S.D. Kautilya appearing for the Nagar Nigam, Allahabad.

(2.) By this writ petition, the petitioner has prayed for quashing the notice dated 13th March, 2012 (Annexure-1 to the writ petition) which directed handing over the possession of Gomti within 15 days failing which the same was to be forcibly occupied or sealed/demolished. The petitioner has also prayed for a writ of prohibition restraining the respondent Nos. 2 and 3 from demolishing Gomti No. 14 situate at Mahatma Gandhi Marg, Civil Lines, Allahabad.

(3.) Learned counsel for the petitioner submits that the said notice is not addressed to the petitioner and was. addressed to another person. Learned counsel for the Allahabad Development Authority states that notice in the name of the petitioner had also been sent and served and a joint representation was submitted by the Gomti Holders of Mahatma Gandhi Marg, Civil Lines, Allahabad. A copy of the said representation dated 2nd April, 2012 has also been enclosed alongwith the writ petition as Annexure-8.