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2025 DAILYLAW 127329 (ALL)

CHANDRESHWAR MAHADEV MANDIR THRU. GUARDIAN CHANDRA PAL GAUR LKO. AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. URBAN PLANNING AND DEVELOPMENT DEPTT. LKO. AND 7 OTHERS

WRIC/2455/2025 · 2025-03-12

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15342-DB Court No. - 2 Case :- WRIT - C No. - 2455 of 2025 Petitioner :- Chandreshwar Mahadev Mandir Thru. Guardian Chandra Pal Gaur Lko. And Another Respondent :- State Of U.P. Thru. Prin. Secy. Urban Planning And Development Deptt. Lko. And 7 Others Counsel for Petitioner :- Prem Chandra Chauhan,Kashi Ram,Subhash Kumar Bharti Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioner, learned standing counsel for the opposite parties no. 1 and 2 and Mr. Rajesh Kumar Singh, learned Advocate who has put in appearance on behalf of opposite parties no. 3 to 6 and filed vakalatnama which is taken on record. 2. The notice impugned herein which has been issued by the Incharge Officer (Property), Nagar Nigam, Lucknow alleging encroachment of about 3000 square feet of land of Gata No. 554-Sa by the petitioners. 3. The petitioners say that the said land is recorded in the name of one Shakuntala. However, the petitioner is not Shakuntala. It is also stated that the said land is mentioned in various khatas. 4. The writ petition involves factual disputes which cannot be adjudicated under Article 226 of the Constitution of India. The petitioners may respond to the notice given by the Nagar Nigam which shall get the facts verified and do the needful as per law. It is also open for the petitioners to pursue other remedies as per law. 5. The writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 12.3.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench