Allahabad High Court
Ajay Raj Agarwal (Prop. M/S Ajay Raj ... vs Commissioner, Lucknow Division, ... on 29 June, 2021
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- MISC. SINGLE No. - 13183 of 2021 Petitioner :- Ajay Raj Agarwal (Prop. M/S Ajay Raj Enterprises) & Anr. Respondent :- Commissioner, Lucknow Division, Lucknow & Ors. Counsel for Petitioner :- Prashant Singh Atal Counsel for Respondent :- C.S.C.,Rana Pratap Singh,Ratnesh Chandra Hon'ble Vivek Chaudhary,J.
1. The case is taken up through Video Conferencing.
2. Heard Sri Prashant Singh Atal, learned counsel for petitioner, Sri Rana Pratap Singh, learned counsel for caveator, Sri Ratnesh Chandra, learned counsel for L.D.A. and learned Standing Counsel for the State.
3. At the very outset, learned counsel for respondents raised a preliminary objection that petitioner has availability of alternative remedy by way of approaching the State Government under Section 41 of the U.P. Urban Planning and Development Act, 1973.
4. At this stage, learned counsel for petitioner seeks liberty to approach the State Government by way of a revision and submits that petitioner's grievance will be sufficiently met in case his revision is considered and decided by State Government expeditiously in a time bound manner.
5. Learned counsels for respondents have no objection to the same.
6. In view thereof, it is provided that in case petitioner moves his revision under Section 41 of the U.P. Urban Planning and Development Act, 1973 before the State Government raising all his grievance, annexing therewith a copy of this writ petition along with annexure and all the documents, in support of his case as well as a certified copy/photocopy of this order within a period of three weeks from today, the State Government shall consider and decide the same in accordance with law, by a reasoned and speaking order, after hearing all the parties concerned, as expeditiously as possible, sat within a period of three months from the date the revision along with certified/photo copy of this order is filed.
7. With the aforesaid directions, present writ petition is disposed of.
Order Date :- 29.6.2021 Arti/-