Dismissed

Green Bay Plot and Flat Buyers Welfare Association v. State of U.P. and 2 Others

Allahabad HC17 Feb 2021WRIC/5331/2021

Case brief

AI extract

What is this about?

This court dismissed a writ petition challenging an Occupation Certificate on the ground of maintainability, noting that the petitioner had an efficacious alternative statutory remedy available via revision before the State Government.

What did the court decide?

The writ petition was disposed of finally with directions to file any revision within two weeks.

Green Bay Plot and Flat Buyers Welfare Association Vs… — Landlord and Tenant | Allahabad HC (2021)

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Court No. - 21

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Case :- WRIT - C No. - 5331 of 2021

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Petitioner :- Green Bay Plot And Flat Buyers Welfare Association Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lal Vijai Singh Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

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Heard learned counsel for the petitioner; Sri B.B.Pandey, learned Chief Standing Counsel for the State-respondent no. 1 and Sri A.B. Singhal, learned counsel for the second respondent.

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In view of the order proposed to be passed, notices need not to be issued to the private respondent.

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By means of the present writ petition, petitioner is before this Court assailing the Occupation Certificate (OC) dated 28.9.2020 issued by the second respondent.

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Sri A.B. Singhal, learned counsel for the second respondent raised a preliminary objection regarding maintainability of the writ petition on the ground that against the order impugned, the petitioner has got efficacious alternative remedy to file a revision before the State Government under Section 41(3) of the Uttar Pradesh Urban Planning and Development Act, 1976 read with Section 12 of the Uttar Pradesh Industrial Area Development Act, 1976 and as such the present writ petition is liable to be dismissed on the ground of statutory alternative remedy.

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Once an objection is being raised, the Court has proceeded to examine the record and the Court is of the considered opinion once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum and the writ petition is liable to be dismissed on the ground of statutory alternative remedy.

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In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with the direction that in case any such revision is being preferred by the petitioner within two weeks from today, definitely, the revisional authority would proceed to consider the revision on

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merits expeditiously but certainly after affording opportunity to all stakeholders in the matter.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 17.2.2021 A.K.Srivastava

Green Bay Plot and Flat Buyers Welfare Association v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Green Bay Plot and Flat Buyers Welfare Association v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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