Neutral Citation No. - 2025:AHC-LKO:41353-DB Court No. - 2 Case :- WRIT - C No. - 5759 of 2008 Petitioner :- Ram Kumar Pandey Respondent :- State Of U.P. Thr Its Sec. Home U.P. Civil Sect Lko And 7 Ors Counsel for Petitioner :- Himanshu Raghave,Himanshu Raghave,Krishan Kanhaya Pal,Ram Kumar Pandey (Petitioner In Person) Counsel for Respondent :- C S C,D.K. Upadhayaya,M.B.Singh,Mohd.Adil Khan,Mohd.Aslam Khan,Mohd.Shadab Khan,Namit Sharma,O P Srivatava,Shobhit Mohan Shukla WITH Case :- WRIT - C No. - 3914 of 2004 Petitioner :- Ram Kumar Pandey Respondent :- Lucknow Development Authority Lucknow Thru V.C. And Anr. Counsel for Petitioner :- P.K. Agrawal,Himanshu Raghave,K.K. Pal,Krishan Kanhaya Pal,Petitioner In Person Counsel for Respondent :- U. Chandra,R.K. Singh Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. (Order in Writ-C No.5759 of 2008) 1. Supplementary affidavit filed today is taken on record. 2. Heard. 3. This petition has been filed seeking the following reliefs:- "(i) To issue a writ, order or direction in the nature of Mandamus or likewise the commanding opposite party No.3 to provide police protection to the petitioner, his family and his property. (ii) To issue a writ, order or direction in the nature of Mandamus or likewise to opposite party No.5, the Nagar Nigam, Lucknow to demolish the illegal structure(shopping complex) constructed by opposite parties No.7 and 8 on the land in question which belongs to the petitioner, however, which has been taken/forcibly and sever-line has been laid thereon allegedly in public interest. (III) To issue a writ, order or direction in the nature of Mandamus or likewise thereby directing opposite party No.2, the District Magistrate, Lucknow and opposite party No.3, the Senior Superintendent of Police, Lucknow to restore the original position in compliance of the order dated 21.02.2006 passed by the Learned Civil Judge (Senior Division), Lucknow in Original Suit No. 72/2005, Ram Kumar Pandey Vs Om Dutt Pandey & others, whereby the opposite parties were restrained from changing the nature of and interfering into the possession of the petitioner over the land in question, and the order dated 10.08.2004 passed by this Hon'ble Court in Writ Petition No.3914/04 (M/B), Ram Kumar Pandey V. L.D.A. & another, after conducting the detailed inquiry. (iv) To pass any other order as the merits of the case admit of; and (v) Award the cost of this petition. " 4. Demolition order was passed by the prescribed authority under Section 27 of the U.P. Urban Planning and Development Act, 1973 (in short 'the Act, 1973') on 27.02.2025 against opposite party no.8. Opposite party no.7 is husband of opposite party no.8. Opposite party no.8 preferred an appeal against the said order which has also been dismissed recently on 14.07.2025 by the Chairman, Lucknow Development Authority, Lucknow. 5. Sri M.B. Singh, learned counsel for opposite party no.8 says that now a revision would be filed under Section 41 of the Act, 1973. 6. Be that as it may, the revision has not been filed as yet but without prejudice to rights of opposite party no.8 to file such revision, if otherwise permissible and maintainable in law, the opposite parties herein are obliged to implement the order of demolition at the earliest against which the appeal has been dismissed subject to the condition of expiry of period of limitation for filing the revision, if any. Learned counsel for Lucknow Development Authority shall communicate our order to the concerned. 7. Accordingly, the writ petition is disposed of. (Order in Writ-C No.3914 of 2004) 8. Delink this petition from Writ-C No.5759 of 2008 [Ram Kumar Pandey vs. State of U.P. & Ors.] and list it separately on 11.08.2025. (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 18.7.2025/Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench