Court No. - 42
Case :- WRIT - C No. - 16885 of 2021 Petitioner :- Ajay Sehgal Respondent :- Commissioner Meerut Division Meerut And 2 Others Counsel for Petitioner :- Saurabh Kumar Tiwari,Kamla Prasad Tiwari Counsel for Respondent :- C.S.C.,Bhupeshwar Dayal
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Bhupeshwar Dayal, learned counsel for the respondent nos. 2 and 3.
Present petition has been filed seeking following reliefs :
"1- Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 7.4.2021 passed by respondent no. 1 (Annexure No. 1) to this writ petition and demolition order dated 9.12.2020 passed by Meerut Development Authority Meerut (Annexure No. 2) to this writ petition.
2- Issue a writ, order or direction in the nature of mandamus direct the respondent no. 3 to consider the compounding application dated 1.9.2018 (Annexure No. 14) in the light of bye laws made by Vikas Pradhikaran."
Sri Bhupeshwar Dayal submits that the petitioner has a remedy by way of filing a revision under Section 41(3) of U.P. Urban Planing Development Act, 1973.
Accordingly, the present petition is dismissed on the ground of alternative remedy available to the petitioner.
At this stage, learned counsel for the petitioner submits that some protection may be granted.
In case, the petitioner files a revision within a period of 20 days from today, the same shall be entertained by the revisional authority on its own merits expeditiously.
It is provided that for a period of 20 days from today, the parties are directed to maintain status quo as on date.
It is made clear that this protection is being granted only for a period of 20 days so as to provide an opportunity to the petitioner to file a revision within the aforesaid period before the revisional authority which shall be considered by the revisional authority on its own merits without being influenced by the fact that this Court has granted indulgence to the petitioner for a period of 20 days.
Order Date :- 28.7.2021 Kuldeep