The Allahabad High Court, Lucknow Bench, dismissed a writ petition challenging demolition orders processed under the U.P. Urban Planning and Development Act, 1973, noting the availability of a statutory revision remedy.
Writ petition dismissed; petitioner left open to file a revision.
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Neutral Citation No. - 2024:AHC-LKO:37200
Court No. - 19
Case :- WRIT - C No. - 4354 of 2024
Petitioner :- Shiv Kumari Respondent :- State Of U.P. Thru. Addl. Chief/ Prin. Secy. Revenue, Lucknow And Others Counsel for Petitioner :- Sudhir Upadhyay,Gorakh Nath Agrahari,Prashant Srivastava Counsel for Respondent :- C.S.C.,Jaibind Singh Rathour,Ratnesh Chandra
Hon'ble Subhash Vidyarthi,J.
Heard Shri Sudhir Upadhyay, learned counsel for the petitioner, Shri Abhishek Pandey, learned Standing Counsel for the State, Shri Shailendra Singh Chauhan, leaned counsel for Lucknow Development Authority and Ms. Nritika Singh, Advocate holding brief of Shri J. B. Singh Rathour, learned counsel for Upper Mukhya Adhikari Zila Panchayat, Lucknow.
By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of an order dated 08.03.2021 passed by the Prescribed Authority, Lucknow Development Authority, under section 27(2) of U.P. Urban Planning and Development Act, 1973 and an order dated 30.01.2024 passed by the Chairman, Lucknow Development Authority dismissing the appeal no.664/2021 which was filed by the petitioner against the demolition order dated 08.03.2021.
Shri S. S. Chauhan, learned counsel representing the Lucknow Development Authority has raised a preliminary objection by stating that the petitioner has got an statutory remedy of filing a revision under section 41(3) of U.P. Urban Planning and Development Act.
Keeping in view the statutory remedy available to the petitioner, this writ petition is dismissed leaving it open to the petitioner to file a revision against the impugned order.
Order Date :- 15.5.2024 akhilesh/-
Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition is maintainable in the face of an available statutory remedy under Section 41(3) of U.P. Urban Planning and Development Act.
3 provisions across 3 enactments
Shiv Kumari
State Of U.P.
Subhash Vidyarthi
Akhileshwar Kumar
As recorded by the court registry
2 orders share this CNR
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