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2025 DAILYLAW 145122 (ALL)

BASHEER AHMAD v. LUCKNOW DEVELOPMENT AUTHORITY, THRU. VICE CHAIRMAN AND 3 OTHERS

WRIC/5757/2025 · 2025-06-05

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34666-DB Court No. - 2 Case :- WRIT - C No. - 5757 of 2025 Petitioner :- Basheer Ahmad Respondent :- Lucknow Development Authority, Thru. Vice Chairman And 3 Others Counsel for Petitioner :- Pritish Kumar,Amal Rastogi Counsel for Respondent :- Ratnesh Chandra,Rajnish Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. 1. Heard. 2. This petition has been filed seeking the following reliefs: "i. To issue a writ, order or direction in the nature of certiorari to quash the notice, dated 30.07.2024, issued by the Respondent No.3 annexed as Annexure No.1 to this writ petition. ii. To issue a writ, order or direction in the nature of certiorari to quash the order, dated 09.09.2019, passed by the Prescribed Authority, Lucknow Development Authority in Case No. 452 of 2018 annexed as Annexure No.2 to this petition. iii. To issue a writ, order or direction in the nature of mandamus to direct the Respondents to allot an alternative plot to the Petitioner in the interest of justice." 3. After arguing the matter at length and on being confronted with the situation that the order under Section 26-A of the U.P. Urban Planning and Development Act, 1973 was passed on 09.09.2019, which was neither appealed against nor challenged earlier but has been challenged for the first time in this petition filed in 2025 and also as the predecessor-in-interest, namely Maikoo Singh, was never allotted any plot by the Lucknow Development Authority rather his wife was allotted the plot as contended by Shri Rajnish Kumar Singh, learned counsel appearing for the Lucknow Development Authority, who was never in possession and in fact he was in possession, if at all, of some other plot and the petitioner is also not in possession of the plot which was allotted in the name of the wife of the said Maikoo Singh. Learned Counsel consigned his prayer for consideration of Relief No.3 by the Lucknow Development Authority. 4. We, therefore, dispose of this petition with liberty to the petitioner to approach Opposite Party No.2, seeking allotment of some other land if otherwise permissible, who may consider the same. 5. However, this order will not come in the way of removal of the obstruction under Section 26-A of the Act 1973 or taking any other action with regard to encroachment by the petitioner. Order Date :- 5.6.2025 K.Tiwari (Praveen Kumar Giri, J.) (Rajan Roy, J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad, Lucknow Bench