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2025 DAILYLAW 61099 (ALL)

VIRENDRA KUMAR AGARWAL v. STATE OF U.P. AND 3 OTHERS

WRIC/16181/2025 · 2025-05-19

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84103 Court No. - 33 Case :- WRIT - C No. - 16181 of 2025 Petitioner :- Virendra Kumar Agarwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Singh Counsel for Respondent :- C.S.C.,Vibhanshu Vaibhav Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition with the following prayer:- "A. Issue a writ order or direction in the nature of certiorari quashing the Impugned Order dated 18.06.2024 passed by the respondent no.4, U/s 27(1) of U.P. Urban Planning & Development Act 1973 as well as the Order dated 19.03.2025 passed by the respondent no.2 in Case No. 656 of 2024, U/s 27(2) of U.P. Urban Planning & Development Act 1973 (Virendra Kumar Agarwal Vs. Prescribed Authority)." 2. Today when the matter is taken up, a preliminary objection has been raised by learned Standing Counsel as well as Sri Vibhanshu Vaibhav, learned counsel for the respondents that against the aforesaid order, statutory alternative remedy is available to the petitioner to file revision before the Revisional Authority under section 41(3) of the Uttar Pradesh Urban Planning and Development Act, 1973. 3. At this stage, a prayer has been made by learned counsel for the petitioner to dismiss the present petition as withdrawn with liberty to file revision as per the aforesaid provision. 4. Prayer made is accepted. 5. Accordingly, the present petition is dismissed as withdrawn with liberty as prayed. 6. Office is directed to return the certified copy of order impugned to the petitioner after retaining the photocopy of the same. Order Date :- 20.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad