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2025 DAILYLAW 74513 (ALL)

OM PRAKASH AND 6 OTHERS v. STATE OF U.P. AND 6 OTHERS

WRIC/22708/2025 · 2025-07-16

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115603-DB Court No. - 29 Case :- WRIT - C No. - 22708 of 2025 Petitioner :- Om Prakash And 6 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Prajjwal Tyagi,Sanjeev Kumar Tyagi Counsel for Respondent :- C.S.C.,Rajjan Singh,Tejasvi Misra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, learned standing counsel for the State-respondents and Shri Tejasvi Misra, learned counsel and learned A.G.A. 2. This writ petition has been filed praying inter alia for the following relief: "i) issue a writ, order or direction in the nature of certiorari, quashing the impugned notice of demolition dated 03/07/2025 (Annexure no. 1) issued by Competent Authority, Ghaziabad Development Authority, Ghaziabad (respondent no. 3) under Section 27(1) of the Urban Planning and Development Act, 1973 whereby the authority has directed the petitioners to remove the construction in dispute within 15 days otherwise, the same shall be demolished by the authorities and the expenses shall be recovered as arrears of land revenue from the petitioners. (ii) issue a writ, order or direction in the nature of mandamus, directing the respondent authorities to consider the representation of the petitioners dated 02/07/2025 [Annexure no. 8]." 3. Learned counsels for the respondents have raised a preliminary objection regarding the maintainability of the writ petition on the ground that the petitioners have an efficacious statutory remedy of filing an appeal against the impugned notice under Section 27(2) of the Act, 1973. Furthermore, against the appellate order, a revision can be filed under Section 41 of the Act, 1973. It is submitted that without availing the remedies provided under the Act, the present writ petition is not maintainable and is liable to be dismissed. 4. Considering the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioners to file an appeal along with a stay application against the impugned notice before the competent appellate authority within one week from today, raising all objections as may be available to them under law. The appellate authority concerned shall consider and decide the stay application in accordance with law by a reasoned and speaking order as expeditiously as possible, preferably within a period of three weeks from the date of submission of a copy of this order along with a copy of the reply, after affording opportunity of hearing to the petitioners. Thereafter, the appeal itself shall also be decided expeditiously. 5. It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner. Order Date :- 17.7.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad