Nitin Jain Vs State of U.P. and 3 Others

Court No. - 21

Case :- WRIT - C No. - 6291 of 2019

Petitioner :- Nitin Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Mishra,Rahul Mishra Counsel for Respondent :- C.S.C.,Bhupeshwar Dayal

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Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Bhupeshwar Dayal, learned counsel appeared on behalf of Meerut Development Authority.

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Sri Bhupeshwar Dayal, learned counsel for the respondents, has raised a preliminary objection regarding the maintainability of the writ petition on the ground that the petitioner has efficacious alternative remedy by way of filing an appeal under sub-section 3 of Section 27 of U.P. Urban Planning and Development Act, 1973.

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In view of the above, we decline to entertain this writ petition.

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Having due regard to the facts of the case, we grant liberty to the petitioner to file an appeal within three weeks along with the application for interim protection. Sri Bhupeshwar Dayal, very fairly states that if he files an appeal within time granted the property shall not be demolished.

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In view of the said statement, no further order is required to be passed.

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However, we make it clear that if the petitioner fails to file an appeal within the said period the law will take its its own course.

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The writ petition stands disposed off.

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Order Date :- 28.3.2019 Puspendra

Nitin Jain v. State of U.P. and 3 Others

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Nitin Jain v. State of U.P. and 3 Others

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