Neutral Citation No. - 2025:AHC-LKO:17669-DB Court No. - 2 Case :- WRIT - C No. - 2926 of 2025 Petitioner :- Ajeet Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning And 2 Others Counsel for Petitioner :- Manoj Kumar Dwivedi,Anil Kumar,Ripu Daman Shahi Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Supplementary affidavit filed on behalf of the petitioners is taken on record. 2. Heard Shri Manoj Kumar Dwivedi, learned counsel for the petitioners, learned Additional Chief Standing Counsel and Shri Ratnesh Chandra, learned counsel for the LDA. 3. By means of this writ petition the petitioners have impugning an auction proposed to be held by the Lucknow Development Authority vide order dated 12.02.2025. 4. Learned counsel for the petitioners submits that the old Abadi bearing No. 372 was purchased by the petitioners vide sale deed dated 28.06.2024. It is said land which the LDA proposes to auction. 5. On 26.03.2025 we had passed the following order:- "Supplementary affidavit filed by the petitioner is taken on record. List/Put up this case tomorrow i.e. 27.03.2025 as fresh to enable learned Counsel for the Lucknow Development Authority to demonstrate that the land in question was acquired in 1983, therefore, the said land which is part of the Khasra No. 331 (स) and 332 (स) could not have been sold nor purchased subsequently. At this stage, learned Counsel for the petitioner submits that the plot which has been purchased by the petitioner jointly is Plot No. 372 min jumla from Shripal Yadav, who was recorded tenure holder of the said Gata. He relies upon Annexure No. 2 to submit that the land which has been purchased by the petitioners is part of old abadi which was not part of the acquisition. The petitioners should file specific averment disclosing specific number of the Khasra of which the land purchase by the petitioner may have been a part or file the revenue record pertaining to Plot No. 372 min jumla." 6. Today, a supplementary affidavit has been filed by the petitioners. In para 6 of the said affidavit it has been stated that at the time of executing first sale deed by Suresh Kumar Yadav in favour of the Shripal Yadav it was found that Khasra No. 372, Gram - Gazipur Saidul Nisa, Lucknow was recorded as Abadi land in the revenue records which is now known as Bahananpura in the Nagar Nigam records which is the part of revenue gram Gazipur saidul nisa, Lucknow. For this reason in the registry of the sale deed by which the petitioner purchased the land from Shripal Yadav 'Abadi' Khasra No. 372 has been mentioned. A copy of Khatauni pertaining to Khasra No. 372 has been annexed. 7. On being asked learned counsel for the petitioners that the land does not fall in Khasra No. 372 but it was only mentioned in the sale deed because it was so mentioned in the earlier sale deed. 8. Shri Ratnesh Chandra, learned counsel for the LDA says that auction is of two commercial plots bearing No. CC-49-V-XX and TC-49-V-XXI. The said plot of land does not fall in Khasara No. 372 and it is acquired land having been acquired way back in 1983. These commercials land are parts of erstwhile Khasra No. 331 स, 332 स. 9. Shri Ratnesh Chandra, learned counsel for the LDA also says that the plots being put to auction are not part of any old Abadi land which was part of Khara No. 372. 10. Considering the dispute, especially as, the land which has been purchased itself is not identifiable at least before this Court. Such a dispute can not be decided under writ jurisdiction. The petitioner may avail other remedies as may be prescribed in law. 11. With the aforesaid observations, the writ petition is disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 27.3.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench