Court No. - 2 Case :- WRIT - C No. - 864 of 2010 Petitioner :- Shri Nath Srivastava Respondent :- State Of U.P. & Others Petitioner Counsel :- Diwakar Tiwari Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard, learned counsel for the petitioner.
By this petition, petitioner has prayed for quashing the order dated 2/1/2010,
by which order the Sub Divisional Officer has reiterated his earlier order of
demolition. Learned counsel for the petitioner submits that against the earlier
demolition order an appeal was filed and the matter was remanded back.
When the Prescribed Authority issued notice to the petitioner, petitioner filed
Writ Petition No. 55390/2006 and obtained interim order on 06/10/2006
which writ petition was subsequently dismissed in default and a Restoration
Application is said to be pending. Be as it may, the order of the Prescribed
Authority being a final order directing for demolition, it is open for the
petitioner to file statutory appeal under the The U.P. (Regulation of Buildings
Operations) Act, 1958. There being statutory remedy of appeal available, writ
petition cannot be entertained. In case the petitioner files an appeal the same
may be expeditiously decided.
With the aforesaid observation writ petition stands disposed of finally.
Order Date :- 22.1.2010
SB