HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34441 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Heard Sri Prateek Rai, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of State-respondent and Sri Raghuvansh Misra, learned counsel appearing on behalf of respondent 3 and 4. 2. Order dated 07.08.2025 passed by the Respondent No.2 namely Deputy Collector, Tehsil & District Ghaziabad in the proceedings initiated under Section 3/5 of the Public Premises Act, 1972 is under challenge. 3. It is argued by the counsel for the petitioner that aforesaid order has been passed without providing any proper opportunity of hearing to the petitioner. 4. On the other hand, it is argued by the counsel appearing on behalf of Respondent Nos. 3 & 4 that in paragraph-2 of the aforesaid order itself it is stated that inspite of notice, no reply was submitted by the opposite party in the aforesaid proceedings/writ petitioner in this writ petition. 5. This fact is also admitted by counsel for the petitioner. 6. Heard learned counsel for the parties and perused the records. 7. From perusal of the record it is clear that against the order dated 07.08.2025 passed by the respondent no.2 in the proceedings initiated under Section 3/5 of the Act, 1972, statutory alternative remedy is also available to the petitioner to file an appeal as provided under Section 9 of the Act, 1972. 8. In this view of the matter and also in the interest of justice, with the consent of learned counsel for the parties and without interfering with the order dated 07.08.2025, the present writ petition is disposed of finally with Versus Counsel for Petitioner(s) : Abhishek Kumar Singh, Devid Kumar Singh, Prateek Rai Counsel for Respondent(s) : C.S.C., Raghuvansh Misra Rahul .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) liberty to the petitioner to file an appeal before the appellate authority against the order dated 07.08.2025. In case such appeal is preferred by the petitioner within a period of four weeks from today along-with application for the grant of interim protection, the appellate authority will consider and decide the application for the interim protection within 10 days' from filing of the same. Needless to say that appellate authority will also decide the entire appeal on merit, expeditiously. 9. For a period of Six weeks' or till the disposal of the aforesaid interim application, whichever is earlier, no coercive action will be taken against the petitioner. 10. It is made clear that appellate authority will not reject the appeal only on the ground of laches. (Prakash Padia,J.) September 26, 2025 Pramod Tripathi WRIC No. 34441 of 2025 2 Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad