The Allahabad HC 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 property that belonged to the general public during the Anti Citizenship Amendment Act Protests in Uttar Pradesh.
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.
As the matter came before the Allahabad HC, a preliminary objection was raised by the government counsel that if the show cause notice issued in December, 2019 for damages to be recovered aggravated the condition of the petitioner, whether he can still be considered for filing of a comprehensive reply that will be taken up by the concerned authority. In response to that, a reply was already forced by the petitioner before the concerned 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." - Allahabad 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 damages were recovered for the loss that was caused to the public property during the protests.
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