Suresh v. State of U.P. and 2 Others

Court No. - 39 Case :- WRIT - C No. - 37439 of 2023 Petitioner :- Suresh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avadh Raj Sharma Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.

¶1Heard Sri Satish Chandra Dubey, Advocate holding brief of learned counsel for the petitioner, Sri J.N. Maurya, learned counsel for respondent nos. 2 and 3 and learned Standing Counsel for the State.

¶2It is observed, the impugned order dated 12.9.2023 is appealable under Section 28-A(4) of the U.P. Urban Planning and Development Act, 1973.

¶3In view of such efficacious alternative remedy available, interference claimed in exercise of extraordinary jurisdiction of the Court under Article 226 of the Constitution of India is declined. Without entering into the merits, the writ petition is disposed of with the observation, in case the petitioner files statutory appeal against the impugned order within a period of three weeks from today, that appeal may be entertained on its own merits without raising any objection as to the limitation.

¶4Subject to the compliance shown by the petitioner the appeal itself may be heard and decided expeditiously without causing any undue delay. Order Date :- 9.11.2023 Abhishek Singh (Shiv Shanker Prasad,J.) (Saumitra Dayal Singh,J.) High Court of Judicature at Allahabad