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2025 DAILYLAW 187663 (ALL)

MOOLE v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/34291/2025 · 2025-09-24

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34291 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 (Prescribed Authority), 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 before the present writ petitioner. It is further argued that as per Section 9 of the Act, 1972, statutory alternative remedy is also available to the petitioner to file an appeal before the appellate authority. 5. Heard counsel for the parties and perused the record. 6. In the facts and circumstances of the case and without interfering with the order dated 07.08.2025, the present writ petition is disposed of finally with 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 three weeks from today along-with application for grant of interim protection, the appellate authority will consider and decide the application for the interim protection within 10 days' from the filing of the same. 6. Needless to say that appellate authority will also decide the entire appeal on merit, expeditiously. 7. 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 Versus Counsel for Petitioner(s) : Devid Kumar Singh, Prateek Rai Counsel for Respondent(s) : C.S.C., Raghuvansh Misra Moole .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) petitioner. 8. It is made clear that appellate authority will not reject the appeal only on the ground of laches. (Prakash Padia,J.) September 25, 2025 Arti WRIC No. 34291 of 2025 2 Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad