ARUNA DEVI Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) COMPETENT Authority U.P. Avas and Vikas Parishad Kanpur, issued a notice dated 18.4.1984 to the Petitioner, calling upon her to show cause as to why the construction referred to therein be not demolished. Petitioner submitted her reply, copy of which has been filed as Annexure II to the writ petition. The concerned authority thereafter passed an order dated 14.5.1984, rejecting the representation and directing the Petitioner to demolish the said construction and further providing that on her failure to do so, it will be demolished by the competent authority at her cost. Being aggrieved by it, Petitioner has filed this writ petition.

(2.) THE Respondents have filed counter -affidavit and the Petitioner has filed rejoinder -affidavit in reply thereto. We have heard the learned Counsel for the parties.

(3.) AS we are setting aside the order and remanding the matter to the concerned authority, it is not necessary to go into other questions, which have been raised by the learned Counsel for the Petitioner. It will be open to the Petitioner to raise all such pleas before the competent authority. The authority will decide the matter afresh by a speaking order after giving reasonable opportunity of being heard to the Petitioner.