Court No. - 42
Case :- WRIT - C No. - 19922 of 2021 Petitioner :- Smt. Suman Lata Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar,Kapil Kumar Soni Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan
Hon'ble Vivek Kumar Birla,J.
Heard Sri Kapil Kumar, learned counsel for the petitioner as well as learned Standing Counsel for the State respondents and perused the record.
Present petition has been filed challenging the impugned order dated 7.4.2021 passed by the respondent no. 2.
Learned counsel for the petitioner is praying for adjournment of the case, however, learned counsel for the respondent-Authority pointed out that large number of petitions involving identical controversy have already been dismissed not only by this Bench but also by other various Benches.
In such view of the matter, I am not inclined to adjourn the case.
Learned counsel for respondents has placed reliance on a judgement of this Court rendered in Writ-C No. 12602 of 2021 (Brijanand vs. State of UP and others) dated 2.8.2021, which is quoted as under:
"Heard Sri Pankaj Dubey, learned counsel for the petitioner and Sri Kuldeep Singh Chauhan, learned counsel appearing for the respondent nos. 4 and 5, Development Authority and learned Standing Counsel appearing for the respondent nos. 1, 2 and 3.
Present writ petition has been filed with the following prayer:
"(i) Issue a suitable writ, order or direction in the nature of Certiorari quashing the impugned orders dated 07.04.2021 passed by the respondent no. 2 and order dated 29.09.2020 passed by respondent no.5 (Annexure No. 10 and 6 of the Writ Petition).
(ii) Issue a suitable writ, order or direction in the nature of mandamus commanding the Respondents not to demolish the construction of the Petitioner over the land in question bearing Khasra No. 1616 area 83.61 Sq. Meter situated at Revenue Village- Maliyana, Pargana, Tehsil and District- Meerut."
At the very outset, learned counsel for the both the parties agree that the present writ petition is squarely covered by the order of this Court dated 20.7.2021 passed in Writ C No. 12597 of 2021, Pradeep Kumar Alias Pradeep Dhaka Vs. State of U.P. and 4 others and the present writ petition be decided in the same terms.
The order dated 20.7.2021 is quoted as under:-
"Heard Sri Pankaj Dubey, learned counsel for the petitioner and Sri Kuldeep Singh Chauhan, learned counsel appearing for the respondent nos. 4 and 5, Development Authority and learned Standing Counsel appearing for the respondent nos. 1, 2 and 3.
Present petition has been filed with following prayers:-
"(i) Issue a suitable writ, order or direction in the nature of Certiorari quashing the impugned orders dated 07.04.2021 passed by the respondent no. 2 and order dated 30.09.2020 passed by respondent no.5 (Annexure No. 10 and 6 of the Writ Petition).
(ii) Issue a suitable writ, order or direction in the nature of mandamus commanding the Respondents not to demolish the construction of the Petitioner over the land in question bearing Khasra No. 325 area 166.38 Sq. Meter situated at Revenue Village- Rampur Pavati, Pargana, Tehsil and District- Meerut."
Today, learned Standing Counsel has produced a copy of the instructions, the same is taken on record.
At the very outset, a preliminary objection has been raised by learned counsel appearing for the Development Authority that the petitioner has alternative statutory remedy against the impugned order, under Section 41(2) of the U.P. Urban Planning and Development Act, 1973.
Learned counsel for the petitioner could not dispute the aforesaid fact.
On merits, certain objections were taken, however, in view of the fact that the petitioner has an alternative statutory remedy, I am not inclined to deal with all such issues on merits as the petitioner is being relegated to avail the statutory remedy .
Along with the instructions, learned Standing Counsel has placed before this Court a copy of the order dated 23.2.2021 passed by Hon'ble Division Bench of this Court in Writ-C No. 2567 of 2021 (M/S Vinayak Associates And 2 Others vs. State of U.P. And 5 Others), whereby the writ petition of identical nature has been dismissed on the ground of alternative remedy.
The petition accordingly stands dismissed on the ground of availability of alternative statutory remedy."
According the present writ petition stands disposed of in terms of the aforesaid judgment passed in Writ C No. 12597 of 2021, Pradeep Kumar Alias Pradeep Dhaka Vs. State of U.P. and 4 others."
Present petition is accordingly dismissed in terms of the aforequoted order.
Order Date :- 19.8.2021 Abhishek