Court No. - 39
Case :- WRIT - C No. - 20411 of 2021 Petitioner :- Dileep Kumar Agarwal Respondent :- State Of U.P. And Another Counsel for Petitioner :- Arpit Agarwal Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The petitioner has filed the instant petition being aggrieved by demolition notice dated 14.06.2021 issued by respondent no.2 in exercise of power under Section 10 of the U.P. (Regulation of Building Operations) Act, 1958.
Learned Standing Counsel has raised a preliminary objection to the maintainability of the writ petition and submitted that petitioner has remedy of filing appeal under Section 15(2) of the Act.
We find considerable force in the submission of the learned counsel for the petitioner. Since remedy of appeal is provided under the Act itself and the Appellate Authority is empowered to stay operation of the order impugned pending, the decision of appeal, consequently we decline to entertain the challenge and relegate the petitioner to the alternative remedy.
The petition is, accordingly disposed of.
(Deepak Verma, J) (Manoj Kumar Gupta, J) Order Date :- 21.9.2021 SKD Digitally signed by Manoj Kumar Gupta Date: 2021.09.22 10:30:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Deepak Verma Date: 2021.09.22 10:32:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad