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2025 DAILYLAW 97858 (ALL)

CHANDRAPAL AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/33637/2025 · 2025-09-23

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33637 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Order dated 07.08.2025 passed by the Respondent No.2 namely Deputy Collector (Prescribed Authority), Ghaziabad in the proceedings initiated under Section 3/5 of the Public Premises Act, 1972 is under challenge. 2. It is argued by the counsel for the petitioners that aforesaid order has been passed without providing any proper opportunity of hearing to the petitioner. 3. On the other hand, it is argued by the counsel appearing on behalf of Respondent Nos. 3 & 4 that in paragraph-2 of the aforesaid order itself it is stated that inspite of notice, no reply was submitted by the opposite party in the aforesaid proceedings before the present writ petitioners. It is further argued that as per Section 9 of the Act, 1972, statutory alternative remedy is also available to the petitioners to file an appeal before the appellate authority. 4. Heard counsel for the parties and perused the record. 5. In the facts and circumstances of the case and without interfering with the order dated 07.08.2025, the present writ petition is disposed of finally with liberty to the petitioner to file an appeal before the appellate authority against the order dated 07.08.2025. In case such appeal is preferred by the petitioners within a period of two weeks from today along-with application for the grant of interim protection, the appellate authority will consider and decide the application for the interim protection within 10 days' from the filing of the same. Versus Counsel for Petitioner(s) : Devid Kumar Singh, Prateek Rai Counsel for Respondent(s) : C.S.C., Shivang Chandrapal And Another .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) 6. Needless to say that appellate authority will also decide the entire appeal on merit, expeditiously. September 24, 2025 Swati WRIC No. 33637 of 2025 2 (Prakash Padia,J.) Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad