Manju Singh vs State Of U.P. And 8 Others
2021 Latest Caselaw 9305 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- WRIT - C No. - 16393 of 2021
 
Petitioner :- Manju Singh
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Jagdish Singh,Anil Kumar Singh
 
Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey
 

 
Hon'ble Vivek Kumar Birla,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Ravi Prakash Pandey, learned counsel for respondent nos. 2 to 5.

Present petition has been filed seeking quashing of the order dated 22.3.2021 passed by the Commissioner/Chairman, Varanasi Development Aurhority, Varanasi in Appeal No. 505 of 2021 (Manju Singh v. Varanasi Development Authority, Varanasi under Section 27(2) of the U.P. Urban Planning and Development Act, 1973 and order dated 12.2.2021 passed by the Zonal Officer Ward Sikraul, Varanasi Development Authority, Varanasi in Patrank No. S-109/21/No/V.Pra/Bhawan/2020-21, dated 12.2.2021.

Learned counsel for the petitioner has placed reliance upon the judgment of the Apex Court rendered in the case of State of Uttar Pradesh v. Maharaja Dharmander Prasad Singh, 1989 AIR (SC) 997 and judgment of this Court rendered in Shyam Sunder Agarwal v. State of U.P., 2009 (75) AILR 424 to contend that the present petition under Article 226 of the Constitution of India would be maintainable before this Court.

Sri Ravi Prakash Pandey, learned counsel for respondent nos. 2 to 5 submitted that petitioner has statutory remedy under Section 41(3) of the U.P. Urban Planning and Development Act, 1973 against the order impugned herein. In this regard, he has placed reliance upon a judgment of this Court rendered in Idea Mobil Communications Limited v. State of U.P. and other, C.M. Writ Petition No. 44271 of 2008 decided on 27.8.2008.

I have taken a view in similar cases relegating the petitioner to avail remedy of filing a revision and dismissed the petitions on the ground of statutory remedy available to the petitioner.

In view of above, I do not find any good ground to take a different view in the matter.

Accordingly, the writ petition is dismissed on the ground of alternative remedy.

Order Date :- 2.8.2021/Kuldeep