Neutral Citation No. - 2025:AHC:116430 Court No. - 33 Case :- WRIT - C No. - 21777 of 2025 Petitioner :- Kailash Tyagi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Adarsh Bhushan,Ishwar Chandra Tyagi Counsel for Respondent :- C.S.C.,Tejasvi Misra Hon'ble Prakash Padia,J. 1. Heard Shri Adarsh Bhushan, learned counsel for the petitioners, learned Standing Counsel appearing on behalf of Respondent Nos. 1 & 4 and Shri Tejasvi Mishra, learned counsel appearing on behalf of Respondent Nos. 2 & 3. 2. Order of demolition has been passed by the Respondent- Ghaziabad Development Authority, against the petitioner on 24.09.2024 as per Section 27 of the U.P. Urban Planning and Development Act, 1943. 3. Aggrieved against the aforesaid, the petitioners approached this Court by filing Writ C No. 33923 of 2024 (Kailash Tyagi and 3 others vs. State of U.P. and 2 others), which was disposed of vide judgment and order dated 11.11.2024 with the direction to petitioners may file their appeal before the concerned respondent against impugned order dated 24.09.2024 within a period of two weeks from today along-with stay application. 4. Pursuant to the aforesaid, statutory appeal as provided under sub-Section (2) of Section 27 of the Act, 1973 being Case No. 2517 of 2024 was filed by the petitioner before the Divisional Commissioner, the same was rejected by the Respondent No. 4 vide order dated 06.06.2025. 5. Aggrieved against the aforesaid, the petitioners have preferred the present writ petition. 6. It is further argued that earlier an application under Section 54 of the Uttar Pradesh Urban Planning and Develpment Act, 1973 was also filed by the petitioners on 30.12.2023, since no decision was taken on the same, the petitioners earlier approached this Court by filing Writ C No. 42554 of 2024 (Kailash Tyagi and 3 Others vs. State of U.P. and 2 others), which was disposed of with direction to respondent no. 2, to decide the representation dated 30.12.2023 by a speaking order within eight weeks from the date of communication of the instant order. 7. Today when the matter is taken up, learned counsel appearing on behalf of Ghaziabad Development Authority placed before this Court the decision taken on the representation dated 30.12.2023, copy of the same is taken on record. A preliminary objection has been raised by Shri Tejasvi Mishra, learned counsel appearing on behalf of Ghaziabad Development Authority that against order which are under challenge in the present writ petition statutory alternative remedy is available to the petitioner to file a Revision before the State Government as provided under Section 41(3) of the Act, 1973. 8. Heard counsel for the parties and perused the record. 9. In the facts and circumstances of the case and without interfering with the orders which are under challenge in the present writ petition, the present writ petition is disposed of finally with the following direction:- (i) The petitioners may file their revision before the revisional authority against the impugned order dated 24.9.2024 as well as 06.06.2025 within a period of three weeks from today along with stay application; (ii) Subject to such compliance being made, it is further provided that the stay application filed by the petitioners may be disposed of by the concerned respondent within a further period of four weeks. (iii) For a period of two months or till the time the decision is taken on the aforesaid application, no coercive measures may be adopted against the petitioners pursuant to the impugned order dated 24.9.2024 and 06.06.2025. Order Date :- 18.7.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad