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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33284 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Shri Hari Om Pandey, learned counsel for the petitioner; learned Standing Counsel for State respondents and Shri Tejasvi Misra, learned counsel for Ghaziabad Development Authority (in short "Authority").
2. The instant writ petition has been preferred for quashing the impugned notice dated 01.09.2025 issued by respondent no.4 and for a direction to respondents not to demolish/ dismantle/ dispossess the petitioner's shops and OYO Hotel i.e. Moon Star Residency, situated at Bhukhand No.1, Ashok Vatika Pasaunda, Ghaziabad.
3. At the very outset, learned counsel for Authority has raised preliminary objection regarding the maintainability of the writ petition on the ground that against the impugned notice, the petitioner has got alternative efficacious remedy to prefer appeal before the Divisional Commissioner. Before availing the said remedy, the petitioner has straightaway approached this Court and as such the writ petition is liable to be dismissed on the ground of alternative remedy.
4. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue, the writ petition stands disposed of with observation that in case, against the impugned notice, the petitioner prefers appeal along with stay application within ten days, the appellate authority shall decide the stay application in accordance with law in further four weeks and shall also make an endeavour to decide the appeal expeditiously. Versus Counsel for Petitioner(s) : Ganesh Shankar Shukla, Hari Om Pandey Counsel for Respondent(s) : C.S.C., Tejasvi Misra Iqbal Chaudhary .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
5. For a period of six weeks or till the disposal of stay application, whichever is earlier, the parties shall maintain status quo as on today qua the property in dispute. For the said period, the petitioner is also restrained to create third party interest or raise further construction over the property in dispute. September 22, 2025 SP/ WRIC No. 33284 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad