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Neutral Citation No. - 2025:AHC:133020-DB Court No. - 29 Case :- WRIT - C No. - 24833 of 2025 Petitioner :- Gaurhari Agarwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Pandey,Shobh Nath Pandey Counsel for Respondent :- Atul Kumar Tiwari,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner; learned Standing Counsel appearing for the State respondents, and Shri Atul Kumar Tiwari, learned counsel for Nagar Palika Parishad, Farrukhabad.
2. By means of the instant writ petition, the petitioner has prayed the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 08.05.2025 passed by the respondent no.2 in Appeal No.203 of 2023, (Gaurhari Agarwal Vs. State of U.P.), u/s 15 (2) of U.P. Regulations of Building Operations Act 1958, as well as the impugned order dated 17.04.2023 passed by the respondent no.3 in Case No.42 of 2006 (State Vs. Gaurhari Agarwal), under Section 10 of U.P. Regulations of Building Operations Act 1958, and the impugned demolishing notice dated 10.07.2025 issued by the Prescribed Authority/City Magistrate Regulatory Area Farrukhabad-Fatehgarh. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities not to demolish the construction of the petitioner over Gata No.121 and 122 situated at Village Allah Nagar Urf Badhpur in front of Roadways Bus Stop, District Farrukhabad."
3. Learned counsel for the petitioner apprises the Court that the controversy in hand is squarely covered by the judgment dated 31.07.2025 passed in Writ-C No.25262 of 2025 (Gaurhari Agarwal v. State of U.P. and others) and the instant writ petition also be
disposed of in similar terms.
4. For ready reference, the operative portion of the order dated 31.07.2025 is quoted as under:-
"5. Considering the facts and circumstances of the case, we find that once the efficacious remedy is available to the petitioner, there is no reason or occasion to bypass the said statutory forum. Since, the equity is in favour of the petitioner a leave is granted to the petitioner who may institute a revision before the authority concerned within two weeks from today alongwith stay application. We hope and trust that the stay application so filed shall be decided by the authority concerned within a further period of three weeks. Meanwhile, the respondents shall maintain the status quo qua the disputed property and the revision may also be decided expeditiously. The petitioner is also restrained to change the nature of the property till the disposal of his application.
6. With the aforesaid observations, the writ petition stands disposed of. "
5. So far as factual and legal aspect, the same is not disputed by learned Standing Counsel and learned counsel for Nagar Palika Parishad.
6. Considering the facts and circumstances of the case, we are of the opinion that similar indulgence is liable to be accorded in the instant matter also. The present writ petition is disposed of in the same terms as have been given in Writ-C No.25262 of 2025 (Gaurhari Agarwal v. State of U.P. and others) dated 31.07.2025.
Order Date :- 6.8.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad