Allahabad HC declines to entertain plea to quash UP Govt notices seeking damages for property loss in anti-CAA Protests
Image source: India Today
Litigation News

Allahabad HC declines to entertain plea to quash UP Govt notices seeking damages for property loss in anti-CAA Protests

The Court passed an order to this effect after it was appraised that a similar plea is pending in the Supreme Court.

Meera Emmanuel

The Allahabad High Court on Monday declined to entertain a plea filed before it to quash administrative notices issued by the Uttar Pradesh government to recover damages for the loss of public property during the anti-CAA protests in the State.

The Bench of Justices Pankaj Kumar Jaiswal and Karunesh Singh Pawar passed an order to this effect after it was appraised that a similar plea has been moved in the Supreme Court.

When the matter came up before the High Court, the government counsel raised a preliminary objection that if the petitioner was aggrieved by the show cause notice issued in December 2019 for the recovery of damages, he can still file a detailed reply that can be considered by the concerned authority. In response, the petitioner submitted that a reply has already been filed before the authority.

All the same, the Court noted that the petitioner does not contest that a plea on a similar issue is pending before the Supreme Court. In view of the same, the Bench opined,

"Considering the aforesaid, we are not inclined to entertain this writ petition."
Allahabad High Court

However, it added that,

"... if any adverse order is passed, the petitioner may challenge the same in appropriate proceedings in accordance with law."

Allahabd High Court

On January 31, the Supreme Court Bench of Justices DY Chandrachud and KM Joseph issued notice on the plea before the top Court to quash the notices in question.

Inter alia, the petitioner before the Supreme Court has also sought an independent judiciary enquiry into the incidents that occurred during the anti-CAA-NRC protests in Uttar Pradesh.

Further, the Court has also been urged to direct the Uttar Pradesh government to follow the procedure as per the guidelines of the Supreme Court in 2009 and 2018, while recovering damages for loss to public property on account of the protests.

[Read the Order passed by the Allahabad High Court]

Allahabad HC - Order re recovery of losses from Anti-CAA protestors.pdf
Preview
Bar and Bench - Indian Legal news
www.barandbench.com