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2025 DAILYLAW 97998 (ALL)

RAKESH SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/33134/2025 · 2025-09-18

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33134 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Nitin Kumar Agrawal, learned counsel for the petitioner, Sri Dharmendra Singh Chauhan, learned counsel for the respondents no. 2 to 4 and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondent. 2. By means of the present writ petition, petitioner is assailing the notice impugned dated. 12.8.2025 issued by the third respondent. Further, it is prayed that the respondents be directed not to demolish the Dhaba of the petitioner in pursuance of the impugned notice. 3. Sri D.S. Chauhan raised an objection that against the order impugned, the petitioner has got efficacious alternative remedy to file an appeal and as such the present writ petition is liable to be dismissed on the ground of statutory alternative remedy. 4. Once an objection is being raised, the Court has proceeded to examine the record and the Court is of the considered opinion once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum and the writ petition is liable to be dismissed on the ground of statutory alternative remedy. 5. In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with the direction that in case any such appeal is being preferred by the petitioner along-with stay application Versus Counsel for Petitioner(s) : Nitin Kumar Agrawal Counsel for Respondent(s) : C.S.C., Dharmendra Singh Chauhan Rakesh Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) within two weeks from today, the appellate authority would proceed to decide the stay application on its own merit within further four weeks time ignoring the delay and laches in filing the same but certainly after affording opportunity to all stakeholders in the matter. Thereafter, the appeal may also be decided expeditiously. Till disposal of the stay application, the parties shall maintain status quo qua the property in dispute as on today. September 19, 2025 Kirti WRIC No. 33134 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad