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2025 DAILYLAW 66811 (ALL)

ANUJ KUMAR GUPTA v. STATE OF U.P. AND 5 OTHERS

WRIC/19810/2025 · 2025-06-30

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101531-DB Court No. - 29 Case :- WRIT - C No. - 19810 of 2025 Petitioner :- Anuj Kumar Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Yogesh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner and Shri Suresh Singh, learned Additional Chief Standing Counsel for the State-respondent. 2. By means of the present writ petition, petitioner is assailing the impugned show cause notice dated 08.05.2025 issued by the respondent no. 5 in Case No. ORDA/Z4/ANI/2025/0000234 (Orai Development Authority v. Anuj Gupta), u/s 27 of U.P.Urban Planning and Development Act 1973 (Annexure No. 1). 3. At the very outset, learned ACSC raised two-fold objections qua maintainability of the writ petition. Firstly, the instant writ petition is premature as the same is instituted against the show cause notice. Secondly, U.P.Urban Planning and Development Act 1973 (in short "Act, 1973") is a self- contained Act and against the impugned order, the petitioner has efficacious alternative remedy to file an appeal under Section 27(3) of the Act, 1973. Even thereafter the petitioner has liberty to file revision under the Act, 1973 and as such, the present writ petition is liable to be dismissed on the ground of statutory alternative remedy. 4. Once an objection is being raised, we have proceeded to examine the record and we are of the considered opinion once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum and the writ petition is liable to be dismissed on the ground of statutory alternative remedy. 5. Confronted with this, learned counsel for the petitioner states that he has already filed detailed objection against the impugned show cause notice and confined his prayer that the same may be decided on merit. 6. In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with the direction to the competent authority to decide the objection so filed by the petitioner on its own merit expeditiously and preferably within three weeks from the date of production of a certified copy of this order. Till disposal of the objection, the parties are directed to maintain status quo qua the property in dispute as on today. Order Date :- 1.7.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad