High Court of Judicature at Allahabad
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Jitendra Kumar Katara v. State Of U.P. & Others - WRIT - C No. 15262 of 2007  RD-AH 4984 (21 March 2007)
Hon. Anjani Kumar, J.
Hon. Dilip Gupta, J.
The petitioner has sought the quashing of the order dated 26th February, 2007 passed by the Vice-Chairman of the Mathura Vrindavan Development Authority, Mathura (hereinafter referred to as the 'Development Authority') resolving the boundary dispute between plot Nos. 59, 60, 60A, 60B and 60C situated in the Mahavidhya Avashiya Yojana, Second Phase Residential Colony of the Development Authority. The Vice-Chairman has passed an order that as the petitioner has encroached upon the land of the adjoining plots, he should raise boundary wall after leaving the area encroached by him failing which, the Development Authority shall demolish the same.
Learned counsel appearing for the respondent Development Authority has contended that against the order passed by the Vice-Chairman of the Development Authority, the petitioner can file an appeal before the Chairman of the Development Authority and, therefore, this petition should not be entertained at this stage.
In view of the preliminary objection raised by the learned counsel for the respondents, we decline to entertain this petition at this stage in view of the alternative remedy being available to the petitioner.
The petition is, accordingly, dismissed.
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