Court No. - 21
Case :- WRIT - C No. - 24859 of 2018 Petitioner :- Ram Ji Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atiqur Rahman Siddiqui,Gaurav Tiwari Counsel for Respondent :- C.S.C.,Rajesh Kumar Singh
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This petition for writ is before us to have the appropriate order or direction for respondent no. 2 Kanpur Development Authority for removal of seizure and seal from the property. For redressal of such grievance the petitioners are having remedy under sub section 2 of Section 28(A) of the Uttar Pradesh Urban Planning and Development Act 1973. The order passed under sub- section 2 of Section 28 of the Act 1973 is further appealable under sub-section 4 of the Act of 1973. The petitioner before approaching this Court has not exhausted the remedy available under the Act of 1973.
Heard learned counsel for the petitioners and Shri Saurabh Srivastava, learned counsel for the respondents.
On going through the facts of the case, we do not find any just reason to deviate from the doctrine of approaching writ court under Article 226 of the Constitution of India only after exhausting the other statutory remedies. The writ petition is dismissed with liberty to the petitioners to avail remedy under sub-section 2 of Section 28 of the Act of 1973.
Order Date :- 26.7.2018 sweta ( Chandra Dhari Singh,J.) (Govind Mathur,J.)