Allahabad High Court
Ayush Garg vs Union Of India And 2 Others on 3 February, 2020
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- WRIT - C No. - 3561 of 2020 Petitioner :- Ayush Garg Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Respondent :- A.S.G.I.,Satish Kumar Rai Hon'ble Vivek Varma,J.
The petitioner has filed the present writ petition challenging the order dated 27th December, 2019 passed by respondent no. 3 under sub-section (1) of Section 5-B of the Public Premises (Eviction of Unauthrised Occupants) Act, 1971 (for short, the "Act, 1971"), whereby he has directed for demolition of the unauthorised construction.
Heard learned counsel for the petitioner, Sri Rizwan Ahmad, learned Advocate, who has put in appearance on behalf of respondent no. 1, and Sri S.K. Rai, learned counsel appearing for respondent nos. 2 and 3.
Sri S.K. Rai, learned counsel for respondent nos. 2 and 3, states that against the impugned order passed by the Estate Officer under sub-section (1) of Section 5-B of the Act, 1971, the petitioner has an alternative statutory remedy of filing an appeal as provided under Section 9 of the Act, 1971.
In view of the availability of alternative remedy as aforesaid, I am not inclined to interfere in the matter. It is open to the petitioner to take up all permissible issues of facts and law before the appellate authority. In case any such issues are raised before the appellate authority, the same shall be decided by a speaking order in accordance with law.
The writ petition stands disposed off with the above observations.
No order as to costs.
Order Date :- 3.2.2020/SKT/-