Mohammad Iqubal Khan Vs State of U.P. and 3 Others

Court No. - 9

Case :- WRIT - C No. - 26940 of 2022

Petitioner :- Mohammad Iqubal Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aditya Prasad Mishra Counsel for Respondent :- C.S.C.,Anand Prakash Paul

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.1 & 2 and Sri Kunal Shah, learned counsel for respondent Nos.3 & 4.

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The petitioner has preferred present petition inter-alia with the prayer to quash the impugned order dated 26.04.2022 & 02.08.1997 passed by the respondent no.2-Commissioner, Agra Division, Agra, and respondent No.4/Executive Engineer, Agra Development Authority, Agra respectively.

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A preliminary objection has been raised by learned counsel for the respondents that against the orders impugned, statutory alternative remedy is available to the petitioner to file an revision under Sub Section 3 of Section 41 of the U.P. Urban Planning and Development Act, 1973.

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In view of the same, since statutory alternative remedy is available to the petitioner no relief could be granted to the petitioner hence present writ petition is dismissed.

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It is made clear that if petitioner will file revision as per the aforesaid provisions within a period of two weeks from today before the revisional authority, the revisional authority will not reject the revision only on the ground of latches and decide the same on merits in accordance with law most expeditiously and preferably within a period of three months from the date of receipt of certified copy of this order.

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Office is directed to return certified copy of the order to the learned counsel for the petitioner after retaining photo-copy of the same.

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Order Date :- 8.9.2022 saqlain

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Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.09.08 15:28:00 IST Reason: Location: High Court of Judicature at Allahabad

Mohammad Iqubal Khan v. State of U.P. and 3 Others

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Mohammad Iqubal Khan v. State of U.P. and 3 Others

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