Neutral Citation No. - 2025:AHC:111090-DB Court No. - 29 Case :- WRIT - C No. - 9648 of 2025 Petitioner :- Laxmi Narayan And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Umesh Vats Counsel for Respondent :- Swapnil Kumar,C.S.C.,Dharmendra Singh Chauhan,Suresh C. Dwivedi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Shri Umesh Vats, learned counsel for the petitioners; Shri D.S. Chauhan, learned counsel appearing on behalf of respondent nos. 2 and 3; and Shri Swapnil Kumar, learned counsel appearing on behalf of respondent no. 5. 2. The present writ petition has been filed seeking a direction to the respondent authorities to stop the construction being undertaken by respondent no. 5 over Plot No. 709, situated in Village Basai Mustakil (within Chungi), Tehsil and District Agra. The petitioners further seek a direction to the District Collector, Agra, for demarcation of Khasra Nos. 703 and 709, and for enforcement of the directions issued by the Incharge Enforcement, Agra Development Authority, vide communication dated 13.02.2025, in letter and spirit. 3. At the outset, Shri Swapnil Kumar, learned counsel for respondent no. 5, raised preliminary objections on two grounds; (i) the issue relating to possession and access over the disputed land is already sub-judice before the competent civil court; and (ii) the petitioners have already availed an alternative statutory remedy by preferring an appeal under Section 15(9) of the Uttar Pradesh Urban Planning and Development Act, 1973, before the Divisional Commissioner, Agra, which is stated to be pending consideration. 4. Upon consideration of the aforesaid facts, this Court is of the view that once the petitioners have already invoked an alternative statutory remedy before the competent forum, the principle of judicial propriety warrants that parallel proceedings before this Court cannot be permitted. Accordingly, this Court is not inclined to entertain the writ petition at this stage. 5. Confronted with the situation, learned counsel for the petitioners submits that a direction may be issued to the Divisional Commissioner, Agra, for early disposal of the pending appeal. 6. In view of the above and without entering into the merits of the case, the writ petition stands disposed of with a direction to the Divisional Commissioner, Agra, to decide the petitioners’ pending appeal under Section 15(9) of the U.P. Urban Planning and Development Act, 1973, strictly in accordance with law, expeditiously, preferably within a period of two months from the date a certified copy of this order is placed before the said authority. Order Date :- 11.7.2025 Shafique Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad