Court No. - 2 Case :- WRIT - C No.

- 41591 of 2011 Petitioner :- Mahesh Narayanan Respondent :- Ghaziabad Development Authority And Others Petitioner Counsel :- S.D. Singh Respondent Counsel :- C.S.C.,V.B. Mishra,Vishnu Sahai

Hon'ble Ashok Bhushan,J. Hon'ble Bharati Sapru,J. Heard learned counsel for the petitioner and Sri Vishnu Sahai, learned counsel appearing for respondent no.4 as well as Sri V.B. Mishra, learned counsel appearing for respondents no.1 and 2. By this writ petition, the petitioner has prayed for quashing of sanction orders dated 26.12.2007 and 02.09.2009 as well as a mandamus commanding respondent nos.8 and 1 to ensure that all safety measures prescribed by law in respect of fire fighting and other safety measures have been complied and provided in the Group Housing Complex known as Mahagun Mascot, Dundahera, Ghaziabad and further not to allow handing over of possession/occupation of the flats in the said group housing till the constructions raised by respondent no.5 in the said group housing complex are fully investigaed. Learned counsel for the respondents raised a preliminary objection that petitioner has a remedy under Section 41(3) of the U.P. Urban Planning and Development Act, 1973 against the sanction order and the State Government is fully competent to consider the revision and take appropriate decision. Learned counsel for the petitioner expressed his apprehension that the revision takes long time to decide. We are of the view that the petitioner having a statutory remedy available to him, the writ petition cannot be entertained by this Court. The petitioner can invoke the jurisdiction before the State Government. We only observe that looking to the nature of the dispute raised in the writ petition, the State Government shall expeditiously dispose of the revision.

With the aforesaid observation, this writ petition is dismissed. Order Date :- 26.08.2011. Rks.