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2025 DAILYLAW 79432 (ALL)

SHAYYAD ASFAQ HUSSAIN v. STATE OF U.P. AND 3 OTHERS

WRIC/25105/2025 · 2025-07-30

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128265 Court No. - 33 Case :- WRIT - C No. - 25105 of 2025 Petitioner :- Shayyad Asfaq Hussain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Digvijay Kumar Mishra,Vibhav Srivastava Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents n.1 & 2 and Sri K. M. Asthana, learned counsel for the respondents no.3 & 4. 2. The petitioner has preferred present writ petition inter-alia with the following prayers :- "(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned notice dated 24.03.2022 issued by the respondent no. 4 and the order dated 08.04.2024 passed by respondent no.2 in Case NO. 629 of 2024 Ashfaq Hussain Vs. M.D.A Moradabad arising out of Case No. 1588 of 2022 Ashfaq Husain Vs. M.D.A and others in which order was passed against the Petitioner on 08.06.2023 and was arising out against the demolition order dated 04.08.2022 passed by respondent no.4. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 4 not to demolish the construction made by the petitioner till disposal of the revision pending before the respondent no.1." 3. It is argued by Sri K. M. Asthana, learned counsel for the respondents no.3 & 4 that against the aforesaid orders petitioner has already preferred a revision before the State Government, copy of which is appended as annexure-10 to the writ petition. 4. In this view of the matter, the Court is of the opinion that once the statutory alternative remedy is availed by the petitioner under sub-Section (3) of Section 41 of The Uttar Pradesh Urban Planning and Development Act, 1973 no relief could be granted to the petitioner. 5. In view of the same, present writ petition is dismissed. Order Date :- 31.7.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad