MOHD. TAHIR AND 9 OTHERS v. STATE OF U.P. THRU. CHIEF SECY. LKO. AND 3 OTHERS
WRIC/1536/2025 · 2025-02-17
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123589 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123589 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10082-DB Court No. - 2 Case :- WRIT - C No. - 1536 of 2025 Petitioner :- Mohd. Tahir And 9 Others Respondent :- State Of U.P. Thru. Chief Secy. Lko. And 3 Others Counsel for Petitioner :- Shrimantkumar Banerjee,Dina Nath Saha,Shivang Dwivedi Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Sri Shailendra Singh Chauhan, Advocate has put in appearance on behalf of opp. party Nos. 2 to 4/Lucknow Development Authority (L.D.A.) by filing his vakalatnama, which is taken on record. The petitioners have filed this writ petition in the nature of Mandamus seeking a direction to the opp. party Nos. 2 to 4/L.D.A. not to demolish their houses on the plots in question. Sri Shailendra Singh Chauhan, learned counsel for the L.D.A. submits that no demolition of the premises of the petitioners would be undertaken without due and proper notice in terms of statutory provision in this regard and in terms of the Hon’ble Supreme Court judgment dated 13.11.2024 rendered in Writ Petition (Civil) No. 295 of 2022. In view of the above, as of now nothing survives for adjudication. In future, if there is a cause, the petitioners may avail appropriate remedy. At this stage, Sri Banerjee, learned counsel for the petitioner says that the petitioners be permitted to move for compounding. If there is a provision and there is no legal impediment, then no permission is required. The petitioners may invoke the said provision and do the needful as per law. And if any such application is maintainable under any provision, same shall be considered by the L.D.A.
With the above observations/direction, the writ petition is
disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 17.2.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench