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2025 DAILYLAW 136621 (ALL)

BHAWANI KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO. AND OTHERS

WRIC/4031/2025 · 2025-05-01

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25003-DB Court No. - 2 Case :- WRIT - C No. - 4031 of 2025 Petitioner :- Bhawani Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And Others Counsel for Petitioner :- Narendra Gupta Counsel for Respondent :- C.S.C.,Krishana Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. Petitioner claims to have purchased hosue no.639 situated in Ward-Achalapur, Mohalla-Moti Sagar, Civil Lines, Balrampur from opposite party no.5. He alleges some manipulation or fraud by opposite party no.5 who got his name registered based on some fabricated sale deed in connivance with the officials of Nagar Palika Parishad by getting the house number changed. This happened in 1999. In the same vein, petitioner's counsel says that in 2024, the petitioner got his name recorded but considering the change in house number, petitioner is unable to take possession of the house i.e. the house which he purchased from opposite party no.5 in 1990. However, learned counsel for Nagar Palika Parishad says that petitioner is in possession. He further says that the petitioner has been informed that he will have to get the dispute resolved before the competent court. 3. We fail to understand as to how such a dispute can be decided under Article 226 of the Constitution of India. In any case, Nagar Palika Parishad seems to be seized with the matter as appears to be the case from the notice dated 20.11.2024 sent by it to opposite party no.5. Therefore, the Nagar Palika, if it has jurisdiction in the matter, to the extent it has jurisdiction, may consider and decide the complaint of the petitioner. If still aggrieved, petitioner may avail remedies before the competent court. 4. Accordingly, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 1.5.2025/Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench