Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 129363 (ALL)

WAQF KARBALA ABBAS BAGH THRU. ADMINISTRATOR SYED KALBE JAWAD AND ANOTHER v. SECY. LKO DEVELOPMENT AUTHORITY PRADHIKARAN BHAWAN LKO AND 2 OTHERS

WRIC/2741/2025 · 2025-03-21

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:16429-DB Court No. - 2 Case :- WRIT - C No. - 2741 of 2025 Petitioner :- Waqf Karbala Abbas Bagh Thru. Administrator Syed Kalbe Jawad And Another Respondent :- Secy. Lko Development Authority Pradhikaran Bhawan Lko And 2 Others Counsel for Petitioner :- Saiyed Afzal Abbas Rizvi,Mohammad Tariq Saeed Counsel for Respondent :- Ratnesh Chandra,Syed Aftab Ahmad Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Sri Avinash Singh Vishen, Advocate has filed his power on behalf of the Lucknow Development Authority today in the Court, which is taken on record. Heard. Petitioner No.2 is Administrator, who alleges encroachment on Waqf land. It is also his allegation that the constructions have been undertaken illegally without sanction of map. As regards the first part, the illegal encroachment, remedy lies before the Waqf Board under the Waqf Act, 1995 or the Waqf Tribunal as the case may be. So far as the second part is concerned, we find that in the application, contained as annexure no.1 to the Writ Petition, relevant details are missing. There is no specific averment as to on which Gata/land, who has made the construction, what is the nature of construction and there should have been specific allegation in this regard. We grant liberty to the petitioners to move a fresh application, if otherwise there is a cause, before the Vice Chairman, Lucknow Development Authority, specifically pointing out the alleged illegal construction with proof, if any. If such application is filed, the Vice Chairman, Lucknow Development Authority shall look into the matter and do the needful as per law, with expedition, unless there is any legal impediment in which case he shall inform the petitioners in this regard. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 21.3.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench