HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32072 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Veer Bahadur Yadav holding brief of Shri Vijay Pal, learned counsel for the petitioner, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents and Shri Abhimanyu Singh Chauhan, learned counsel holding brief of Shri D.S. Chauhan, learned counsel for respondent – Mathura Development Authority. 2. This writ petition has been filed praying inter alia for the following relief: "(i) Issue a writ, order or direction in the nature of certiorari impugned demolish notice dated 12.08.2025 passed by the Respondent No.3/Mathura Development Authority, through its Prescribed Authority, 32 Civil Line, Mathura. (Annexure No.1 to the writ petition) (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent authority not to demolish the plot in question of the petitioner which is situated at Mauza Sunrakh Bangar, Tehsil and District-Mathura." 3. Learned counsel for the petitioner submits that the ex parte demolition order has been passed without considering the objections filed by the petitioner. 4. Learned counsel for the respondents has raised a preliminary objection Versus Counsel for Petitioner(s) : Vijay Pal Counsel for Respondent(s) : C.S.C., Dharmendra Singh Chauhan Vineet Kumar Gautam .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) regarding the maintainability of the writ petition on the ground that the petitioner has an efficacious statutory remedy of filing an appeal against the impugned notice/order of demolition under Section 27(2) of the U.P. Urban Planning and Development Act, 1973 (in short "the Act, 1973"). It is further submitted that against the appellate order, a revision can be filed under Section 41 of the Act, 1973. Therefore, without availing the statutory remedies provided under the Act, the present writ petition is not maintainable and is liable to be dismissed. 5. Considering the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to file an appeal along with a stay application against the impugned demolition notice/order before the competent appellate authority within two weeks from today, raising all objections as may be available to him under law. The appellate authority concerned shall consider and decide the stay application in accordance with law by a reasoned and speaking order as expeditiously as possible, preferably within a period of three weeks from the date of submission of a copy of this order along with a copy of the reply/objection, after affording an opportunity of hearing to the petitioner. Thereafter, the appeal itself shall also be decided expeditiously. Till the disposal of the stay application, the parties shall maintain status quo. 6. It is made clear that this Court has not expressed any opinion on merits of the case of the petitioners. September 22, 2025 NLY WRIC No. 32072 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad