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Prayas Educational Research Society And Another v. State Of U.P. And Others - WRIT - C No. 6815 of 2006  RD-AH 4478 (24 February 2006)
Hon. R.K. Agrawal, J.
Hon. (Mrs.) Saroj Bala, J.
Sri Pradeep Kumar, appearing on behalf of Greater NOIDA Industrial Development Authority, respondent nos. 2 and 3 placed reliance upon the judgment dated 24.1.2006 passed by this Court in Civil Misc.Writ Petition No.4733 of 2004-Yogendra Singh Versus Greater NOIDA Industrial Development Authority and another wherein this Court has disposed of the writ petition on the ground of altentive remedy by way of filing an appeal under section 41 of U.P. Urban Planning and Development Act, 1973. From the rcord it does not appear that any show cause notice or any opportunity was given to the petitioners either by the inquiry committee or the Chairman or the Chief Secretary of NOIDA before canceling the allotment. Necessary averments have been made in paragraph 24 (F) (G) of the writ petition. No doubt, under section 41 of the aforesaid Act the petitioner has alternative remedy but it is well settled by numerous decisions of the Apex Court that alternative remedy is not a bar for entertaining writ petition under Article 226 of Constitution of India where the principles of natural justice has been violated. We, therefore, maintain the order dated 23.2.2006 which has not been signed and we are signing the same today.
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