Allahabad High Court
Jaiveer vs State Of U.P. And 4 Others on 2 August, 2021
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- WRIT - C No. - 12599 of 2021
Petitioner :- Jaiveer
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Pankaj Dubey,Rishu Mishra
Hon'ble Vivek Kumar Birla,J.
Heard Sri Pankaj Dubey, learned counsel for the petitioner and Sri Kuldeep Singh Chauhan, learned counsel appearing for the respondent nos. 4 and 5, Development Authority and learned Standing Counsel appearing for the respondent nos. 1, 2 and 3.
Present writ petition has been filed with the following prayer:
"(i) Issue a suitable writ, order or direction in the nature of Certiorari quashing the impugned orders dated 07.04.2021 passed by the respondent no. 2 and order dated 30.09.2020 passed by respondent no.5 (Annexure No. 8 and 6 of the Writ Petition).
(ii) Issue a suitable writ, order or direction in the nature of mandamus commanding the Respondents not to demolish the construction of the Petitioner over the land in question bearing Khasras No. 312 and 313 area 418.05 Sq. Meter situated at Revenue Village- Rampur Pavati, Pargana, Tehsil and District- Meerut."
At the very outset, learned counsel for the both the parties agree that the present writ petition is squarely covered by the order of this Court dated 20.7.2021 passed in Writ C No. 12597 of 2021, Pradeep Kumar Alias Pradeep Dhaka Vs. State of U.P. and 4 others and the present writ petition be decided in the same terms.
The order dated 20.7.2021 is quoted as under:-
"Heard Sri Pankaj Dubey, learned counsel for the petitioner and Sri Kuldeep Singh Chauhan, learned counsel appearing for the respondent nos. 4 and 5, Development Authority and learned Standing Counsel appearing for the respondent nos. 1, 2 and 3.
Present petition has been filed with following prayers:-
"(i) Issue a suitable writ, order or direction in the nature of Certiorari quashing the impugned orders dated 07.04.2021 passed by the respondent no. 2 and order dated 30.09.2020 passed by respondent no.5 (Annexure No. 10 and 6 of the Writ Petition).
(ii) Issue a suitable writ, order or direction in the nature of mandamus commanding the Respondents not to demolish the construction of the Petitioner over the land in question bearing Khasra No. 325 area 166.38 Sq. Meter situated at Revenue Village- Rampur Pavati, Pargana, Tehsil and District- Meerut."
Today, learned Standing Counsel has produced a copy of the instructions, the same is taken on record.
At the very outset, a preliminary objection has been raised by learned counsel appearing for the Development Authority that the petitioner has alternative statutory remedy against the impugned order, under Section 41(2) of the U.P. Urban Planning and Development Act, 1973.
Learned counsel for the petitioner could not dispute the aforesaid fact.
On merits, certain objections were taken, however, in view of the fact that the petitioner has an alternative statutory remedy, I am not inclined to deal with all such issues on merits as the petitioner is being relegated to avail the statutory remedy .
Along with the instructions, learned Standing Counsel has placed before this Court a copy of the order dated 23.2.2021 passed by Hon'ble Division Bench of this Court in Writ-C No. 2567 of 2021 (M/S Vinayak Associates And 2 Others vs. State of U.P. And 5 Others), whereby the writ petition of identical nature has been dismissed on the ground of alternative remedy.
The petition accordingly stands dismissed on the ground of availability of alternative statutory remedy."
According the present writ petition stands disposed of in terms of the aforesaid judgment passed in Writ C No. 12597 of 2021, Pradeep Kumar Alias Pradeep Dhaka Vs. State of U.P. and 4 others.
Order Date :- 2.8.2021
p.s.
