Virendra Kumar Singh @ Babbu And ... vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 11110 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- WRIT - C No. - 2939 of 2023
 

 
Petitioner :- Virendra Kumar Singh @ Babbu And Another
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Housing And Urban Planning Deptt. Lko. And 5 Others
 
Counsel for Petitioner :- Abhiuday Pratap Singh,Divyarth Singh Chauhan
 
Counsel for Respondent :- C.S.C.,Ratnesh Chandra
 

 
Hon'ble Saurabh Lavania,J.

Heard.

By means of present petition, petitioners have challenged the order dated 05.09.2022 passed by the respondent No.2 in Case No.01022 of 2019, Computerized Case No.C201910000001022 filed under Section 27(2) of U.P. Urban Planning and Development Act, 1973 (in short "Act of 1973") and the order dated 09.05.2019 passed by the respondent No.5 under Section 27(1) of the Act of 1973.

Sri Ishant Singh, Advocate holding brief of Sri Ratnesh Chandra, learned counsel for the respondents, at the very outset, raised preliminary objection regarding maintainability of the petition. It is in view of statutory remedy available to the petitioners by way of filing the appeal before the Authority concerned under Section 41(3) of the Act of 1973. In this regard, reliance has been placed to the judgment of the Hon'ble Apex Court passed in the case of Titaghur Paper Mills Co. Ltd. v. State of Orissa, reported in (1983) 2 SCC 433.

The statutory remedy as indicated by the side opposite has not been disputed by the learned counsel for the petitioners.

Considering the aforesaid facts and circumstances of the case including the availability of statutory remedy to the petitioners, this Court is not inclined to entertain the present petition. Accordingly, the petition is dismissed. However, it is always open for the petitioners to avail the remedy as available to them under law. In case, petitioners avail the remedy by way of filing the appeal along with application for interim relief within two weeks from today, the Authority concerned under the Act of 1973 dealing with the revision and other matters shall consider the application for interim relief and dispose of the same expeditiously say within a period of two weeks from the date of filing of the application for interim relief. The Authority concerned shall also make all endeavour to conclude the proceedings expeditiously say within a period of six months from the date of production of certified copy of this order.

Order Date :- 13.4.2023

Vinay/-