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2025 DAILYLAW 86717 (ALL)

SHOBHIT KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/27861/2025 · 2025-08-19

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142517-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 27) Court No. - 29 Case :- WRIT - C No. - 27861 of 2025 Petitioner :- Shobhit Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Bhan Gupta,Rajeev Sawhney Counsel for Respondent :- Abhinava Krishna Srivastava,Anand Prakash Paul,C.S.C.,Pradeep Kumar Tripathi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the petitioners, Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State respondents, Sri Pradeep Kumar Tripathi, learned counsel for the Kanpur Development Authority and Ms. Priyanka Sharma, Advocate holding brief of Sri Abhinav Krishna Srivastava, learned counsel for the respondent no.4-Nagar Nigam. 2. The instant writ petition is preferred for quashing the impugned order dated 16.5.2025 passed by the Vice-Chairman, Kanpur Development Authority, Kanpur Nagar. 3. At the outset, Sri Pradeep Kumar Tripathi, learned counsel appearing for the Development Authority raised an objection qua the maintainability of the instant writ petition on the ground that against the rejection order, the petitioner is having an efficacious remedy of appeal before the Divisional Commissioner under Section 28A of the U.P. Urban Planning and Development Act, 1973. Even thereafter, if the petitioner is bereft of the order, he can assail the order passed by the Appellate Authority before the State Government under Section 41 of the Act, 1973. He submits that once the petitioner is having the efficacious remedy, there is no reason or occasion to bypass the statutory forum. 4. Considering the factual situation and the objection so raised by learned counsel for the Development Authority, we are not inclined to entertain the instant writ petition. 5. At this stage, we observe that in case the petitioner files an appeal before the Divisional Commissioner within two weeks time, the same shall be considered on merits of the case and appropriate order be passed expeditiously. 6. The writ petition stands disposed of. Order Date :- 20.8.2025 Kirti (Anish Kumar Gupta, J.) (M.C. Tripathi, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad