SURESH CHAND GARG v. STATE OF UTTAR PRADESH AND 5 OTHERS
WRIC/25050/2025 · 2025-08-05
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80366 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80366 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:133347-DB Court No. - 29 Case :- WRIT - C No. - 25050 of 2025 Petitioner :- Suresh Chand Garg Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Devansh Misra,Shivam Tiwari Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Shri Devansh Misra, learned counsel for the petitioner, learned counsel for the Agra Development Authority and learned Standing Counsel for the State respondent.
2. The instant writ petition has been preferred questioning the validity of Impugned Sealing Order dated 1-3-2021 issued under Section 28-A(1) of the Uttar Pradesh Urban Planning and Development Act, 1973 (in short 'the Act, 1973').
3. At the very outset, Sri Chauhan, learned Counsel for the Authority has raised preliminary objection qua the maintainability of the Instant writ petition, on the ground, the Act, 1973 is a self-contained act, the order of sealing can be assailed in the appeal, even thereafter, the petitioner is not bereft of the forum, he may file a revision under Section 41 of the Act, 1973.
4. Considering the factual situation, once the efficacious remedy is available to the petitioner, there is no reason or occasion to bypass the aforesaid remedy. In the interest of justice, in case any revision or appeal is preferred, within a week's time, we hope and trust that the Appellate Authority shall disposed off the said application within a period of three weeks.
5. With the observation made above, the instant application is disposed off. Order Date :- 6.8.2025 Bhanu (Prashant Kumar,J.) (M.C. Tripathi,J.)
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad