Court No. - 21
Case :- WRIT - C No. - 38575 of 2018 Petitioner :- Methilesh Bathem Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sudhir Kumar Singh,Digvijay Singh Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner has preferred this writ petition for issuance of writ of certiorari to quash the order dated 20.8.2018 passed by the second respondent whereby the petitioner's map for the construction of the residential house has been rejected on certain grounds.
Sri Ramanand Pandey, learned Standing Counsel has raised the preliminary objection regarding the maintainability of the writ petition on the ground of alternative remedy under Sub Section (2) of Section 15 of the U.P. (Regulation of Building Operations) Act, 1958, which provides that any person aggrieved by an order passed under Section 7 can prefer an appeal before the Controlling Authority. The Sub Section (2) of Section 15 reads as under:-
"Any person aggrieved by an order under Section 7 refusing or granting permission (or by an order under Section 7-A, cancelling a permission) (for by an order under Section 10 directing demolition of any construction or by the initiation of prosecution for any offence punishable, under this Act) may within thirty days from the date of such order prefer an appeal to the Controlling Authority and the order of the Controlling Authority shall be final and shall not be called in question in any Court."
We have heard learned counsel for the petitioner and learned Standing Counsel for the State.
We are of the view that the petitioner has an efficacious alternative remedy by way of filing of appeal under Sub Section 2 of Section 15 of the U.P. (Regulation of Building Operations) Act, 1958. We decline to exercise our jurisdiction under Article 226 of the Constitution.
The writ petition is accordingly dismissed.
However, if the petitioner filed an appeal within two weeks, the same shall be decided on merit within three weeks from the date of receipt of certified copy of the order of this court and shall not be rejected on the ground of limitation. We further make it clear that we have not expressed our opinion on the merits of the case and the authority concerned shall pass the order independently in accordance with law.
Order Date :- 27.11.2018 Pramod Tripathi