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2025 DAILYLAW 94723 (ALL)

DURGAWATI DEVI v. STATE OF U.P. AND 3 OTHERS

WRIC/31819/2025 · 2025-09-11

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31819 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Shashank Kumar, learned counsel for the respondent nos. 2 and 3. 2. The petitioner by means of the present petition has assailed the order dated 03.07.2025 passed by the respondent no.2. 3. A preliminary objection has been raised by Sri Shashank Kumar, learned counsel for the respondent nos. 2 and 3, that against the order impugned, there is a statutory remedy of appeal under Section 160 of the U.P. Municipalities Act, 1916. 4. The aforesaid fact is not disputed by the learned counsel for the petitioner. 5. In such view of the fact, the writ petition is dismissed on the ground of alternative remedy. In case, the petitioner prefers an appeal against the impugned order within a period of one month from today, the Appellate Authority shall decide the appeal on its merits without entering into the question of limitation and shall not dismiss the same on the ground of limitation and laches. September 12, 2025 Gaurav Versus Counsel for Petitioner(s) : Mohd Naushad, Syed Irfan Ali Counsel for Respondent(s) : C.S.C. (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Durgawati Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad