Court No. - 21
Case :- WRIT - C No. - 38452 of 2018 Petitioner :- Abdul Rahim Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner has challenged the order dated 05th November, 2018 passed by the third respondent for demolition of a part of premises of the petitioner on the ground that it has been raised illegally. In the impugned order it is mentioned that the petitioner was given opportunity for personal hearing which he failed to avail.
Learned counsel for the petitioner submits that the petitioner has submitted a representation on 24th October, 2018, which is on the record as annexure-4 to the writ petition, but without considering his representation the impugned order has been passed arbitrarily. It is submitted that the order suffers from non-application of mind as the petitioner's case in his objection has not been considered at all.
Heard learned counsel for the parties.
Be that as it may, against the impugned order, which has been purported to be passed under Section 27(1) of the U.P. Urban Planning and Development Act, 1973 (for short, the "Act") an appeal lies under Section 27 (2) of the Act. It is a trite law that ordinarily if a statutory remedy is provided by way of appeal or revision, then on the ground of alternative remedy the writ petition cannot be entertained and this Court under Article 226 of the Constitution should not interfere in the matter.
Having due regard to the facts of this case, we are of the view that the petitioner may avail the alternative remedy provided under the Act and on this ground we decline to exercise our jurisdiction under Article 226 of the Constitution. However, it is provided that in case the petitioner files an appeal within two weeks, the same shall be considered on merit and shall not be rejected on the ground of limitation.
With the aforesaid observations, the writ petition is disposed of. No order as to costs.
Order Date :- 26.11.2018 SKT/-