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2025 DAILYLAW 146236 (ALL)

RAJEEV NARAYAN PANDEY v. STATE OF U.P. THRU. SECY. HOUSING AND URBAN PLANNING LUCKNOW AND ORS.

WRIC/5893/2025 · 2025-06-16

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35592-DB Court No. - 1 Case :- WRIT - C No. - 5893 of 2025 Petitioner :- Rajeev Narayan Pandey Respondent :- State Of U.P. Thru. Secy. Housing And Urban Planning Lucknow And Ors. Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rajeev Narayan Pandey, petitioner-in- person, learned Standing Counsel for the State and Sri R.G. Nigam, Advocate holding brief of Sri Ratnesh Chandra, learned counsel for respondents No.2 to 4. 2. The appeal pending before the State Government appears to have arisen on account of an inaction on the part of the respondents to take a decision on the objections filed by the petitioner against the scheme of acquisition approved by the Board. The petitioner in his appeal has stated that he was put under an impression of undertaking the necessary survey of the site, where his house has been built. The petitioner's objections were filed for exclusion of the site-in-question from the purview of the acquisition notification. 3. Unless an order was passed and communicated to the petitioner, in the normal course he may not have had an occasion to file an appeal before the State Government, being an aggrieved person. In the event of failure on the part of the competent authority to decide his objections, the inaction as alleged has given rise to the cause in a different circumstance, regarding which, the period of limitation may have to be interpreted on a different premise. 4. Unless there is an order communicated to the petitioner duly passed by the competent authority, the period of limitation, of course, will reckon from the date of order up to the end of thirty days from the date of passing the order as served upon. But in the present case, since no order is stated to have been communicated to the petitioner rejecting his objections, therefore, the appeal has arisen out of an inaction. It is in these circumstances that learned counsel for the Awas Vikas has stated that the Awas Vikas does not have any objection if the appeal is directed to be decided by the State Government on its own merit. 5. We, accordingly, direct the State Government to consider and decide the pending appeal expeditiously and preferably within a period of three months from the date of production a copy of this order. 6. The writ petition stands disposed of. [Subhash Vidyarthi, J.] [Attau Rahman Masoodi, J.] Order Date :- 16.6.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench