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2025 DAILYLAW 76006 (ALL)

SULTAN v. STATE OF U.P. AND 2 OTHERS

WRIC/23483/2025 · 2025-07-21

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119817-DB Court No. - 29 Case :- WRIT - C No. - 23483 of 2025 Petitioner :- Sultan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ahmad Ali Siddiqui,Arun Kumar Soni 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 Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents. 2. The instant writ petition has been preferred for quashing the impugned notice dated 13.6.2024 issued by respondent no. 3 under Section 5-6 of U.P.Road Side Land Control Act 1945. 3. At the very outset, learned Additional Chief Standing Counsel raised two-fold objections with regard to maintainability of the writ petition. Firstly, the writ petition is premature as the same had been preferred against the impugned notice to which the petitioner had already responded and the same is under consideration. Secondly, in case the proceeding under Section 5-6 of the Act 1945 is finalised, the petitioner has got an efficacious remedy of appeal under Section 7 of the Act 1945. As such, the writ petition is liable to be dismissed on both grounds. 4. Considering the above, this petition stands disposed of with the direction upon the authority concerned to consider and decide the objection so filed by the petitioner, in accordance with law, as expeditiously as possible and preferably within three weeks from the date of production of a certified copy of this order. Order Date :- 22.7.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad