Court No. - 37
Case :- WRIT - C No. - 26009 of 2020 Petitioner :- Nisar Ahmad Respondent :- Allahabad Development Authority And 2 Others Counsel for Petitioner :- Dharm Vir Jaiswal,Harsh Vikram Counsel for Respondent :- C.S.C.,Pawan Kumar Singh
Hon'ble Rajiv Joshi,J.
Vakalatnama filed today on behalf of respondent nos. 1 and 2 by Sri B.K. Ojha, Advocate is taken on record.
Heard Sri Dharm Vir Jaiswal, learned counsel for the petitioners and Sri B.K. Ojha, learned counsel for the respondents-1 & 2.
Present writ petition has been filed challenging the order dated 20.11.2018 passed by respondent no.2-Zonal Officer, Allahabad Development Authority and the order dated 19.10.2020 passed by respondent no.3-Commissioner, Prayagraj Division, Prayagraj, whereby the sanction of map of the petitioners has been rejected.
Preliminary objection has been raised by counsel for the respondents-1 & 2 to the effect that the petitioners have alternative remedy to file revision against the appellate order passed by the development authority before State Government under Section 41 (3) U. P. Urban Planning and Development Act, 1973 (hereinafter referred to as the Act).
On the other hand, learned counsel for the petitioner accepted the said proposition of law and submits that he will file revision under Section 41 (3) of the Act.
The writ petition is, accordingly, dismissed on the ground of availability of alternative remedy to the petitioners to file revision under Section 41 (3) of the Act before State Government.
Order Date :- 6.1.2021 Noman