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2025 DAILYLAW 99792 (ALL)

SMT. SUMAN BAGHEL AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/33472/2025 · 2025-09-22

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33472 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the respondent no.1 & and Shri Mukesh Kumar Singh, learned counsel for the respondent nos.2 & 3. 2. The petitioners have preferred present petition inter-alia with the following prayers :- "I. Issue a writ order or direction in the nature of certiorari calling the records of the matter and quash impugned order dated 11.08.2025 (ΑΝΝEXURE NO. 1 to this writ petition) passed by Respondent No. 4 and impugned sealing order dated 24.05.2024 (ANNEXURE NO. 2 to this writ petition) passed by the competent authority i.e. Respondent No. 3. II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to do the needful in-pursuance of submission of site map given by the petitioners. III. Issue a writ, order or direction in the nature of mandamus commanding the respondents to not to harass the petitioners in course of repairing/renovation done by the petitioners on the building in question." 3. A preliminary objection has been raised by Shri Mukesh Kumar Singh, learned counsel for the respondent nos.2 & 3 that against the order impugned statutory alternative remedy is available to the petitioners to file a revision before the State Government as provided under Section 41 Versus Counsel for Petitioner(s) : Mukti Nath Pandey, Pashupati Nath Pandey Counsel for Respondent(s) : C.S.C., Suresh C. Dwivedi Smt. Suman Baghel And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) (3) of the U.P. Urban Planning and Development Act, 1973. 4. This fact is also admitted by counsel for the petitioners. 5. In the facts and circumstances of the case, since statutory alternative remedy is available to the petitioners hence without interfering with the orders, which are under challenge in the present writ petition, the writ petition is disposed of finally permitting the petitioners to approach before the State Government as provided under Section 41(3) of the Act, 1973 by filing a revision within three weeks from today. If it is so the State Authority is directed to pass necessary orders within two months, thereafter. September 23, 2025 Pramod Tripathi WRIC No. 33472 of 2025 2 (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad