Dr. Suresh Kumar Prajapati and 2 Others v. State of U.P. and 2 Others

Court No. - 46 Case :- WRIT - C No. - 38614 of 2023 Petitioner :- Dr. Suresh Kumar Prajapati And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devid Kumar Singh,Prateek Rai Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.

¶1Heard learned counsel for petitioners and Sri Ravi Prakash Pandey, learned counsel for respondent No.3.

¶2This petition has been filed with the prayer to restrain the development authority from acting upon the order of demolition passed on 11.10.2022 under Section 27(1) of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as 'Act 1973'). It is further prayed that since original suit is pending, therefore, the authorities be restrained from dealing with the property in any manner.

¶3The writ petition apparently is misconceived since it is admitted that the order of demolition has been challenged by the petitioner in appeal before the Divisional Commissioner.

¶4Remedy of the petitioner would thus be to either avail appropriate protection in the pending appeal or to obtain injunction from the competent court.

¶5Leaving it open to the petitioner to pursue the appropriate remedy in the pending appeal this petition is consigned to record. It however, provided that in the event a stay application is preferred in the appeal within a week from today the same shall be dealt with expeditiously and in accordance with law, after hearing the parties concerned.

¶6Subject to the observation made above, this petition is consigned to record. Order Date :- 28.11.2023 Md Faisal High Court of Judicature at Allahabad