Akbar Ali vs State Of U.P. & 4 Others
2015 Latest Caselaw 2446 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 53806 of 2015
 

 
Petitioner :- Akbar Ali
 
Respondent :- State Of U.P. & 4 Others
 
Counsel for Petitioner :- Arun Srivastava
 
Counsel for Respondent :- C.S.C.,Nripendra Mishra
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the parties.

The petitioner has already filed Original Suit No. 317 of 2014 against the private respondent for restraining them in interfering with raising of construction over the disputed property.

Respondent-Development Authority has also observed that there is a dispute of ownership of the parties over the property in question which can be resolved by the civil court. 

The petitioner has the remedy to seek an appropriate protection in pending suit or to challenge the order of the authority in appeal under Section 15(5) of the U.P. Urban Planning and Development Act, 1973 

Considering the facts and circumstances of the case, we  are of the considered opinion that the petitioner has remedy of approaching the Commissioner at the first instance or of obtaining appropriate protection in the pending suit.

Writ petition is dismissed with liberty to the petitioner to seek his remedy accordingly.

Order Date :- 18.9.2015

Ashish Pd.