DINESH KUMAR v. STATE OF U.P.THRU.PRIN.SECY. REVENUE LUCKNOW and ORS.
WPIL/32690/2019 · 2025-08-05
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 149706 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149706 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45364-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 32690 of 2019 Petitioner :- Dinesh Kumar Respondent :- State Of U.P.Thru.Prin.Secy. Revenue Lucknow And Ors. Counsel for Petitioner :- Nisha Tiwari,Manish Kumar Yadav,Pramod Kumar Pal Counsel for Respondent :- C.S.C.,Rajnish Kumar Singh,Ratnesh Chandra,Yogendra Nath Yadav Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioner, Sri Rajnish Kumar Singh, learned counsel for Lucknow Development Authority and Sri Yogendra Nath Yadav, learned counsel for Nagar Nigam, Lucknow. The issue involved is the same as in the connected writ petition bearing Writ-C No.26302 of 2019. The only difference being that the village is different. In this case, it is the village 'Melesemau', whereas, in the earlier writ petition the village was 'Makhdumpur'. We have decided the connected Writ-C No.26302 of 2019 in the following term :
"Application for impleadment (IA/8/2025) is allowed. Let the necessary impleadment be carried out during course of the day. Heard Sri Yogendra Nath Yadav, learned counsel for the petitioner and Sri Shobhit Mohan Shukla, learned counsel for Lucknow Development Authority.
Learned counsel for Lucknow Development Authority says that the process for resumption of the land which is the subject matter of the writ petition and over which earlier the Land Management Committee and now the Nagar Nigam, Lucknow claims rights, is under process. We are not concerned with the said process as this petition does not relate to resumption. The grievance in this petition is about apprehended encroachment by Lucknow Development Authority on certain lands which were earlier under the control of the Land Management Committee and
after filing of the writ petition have come under the control of the Nagar Nigam, Lucknow.
Learned counsel for Lucknow Development Authority in view of what we have stated accepts the fact that as of now the Lucknow Development Authority does not have any authority over the said land, therefore, the writ petition is allowed in the sense that Opposite Party no.5 is restrained from entering into or utilizing the land which vests in the Nagar Nigam, Lucknow unless it has any authority to do so. As regards resumption that is a different matter and if the Lucknow Development Authority is proceeding with it, it can do so, if otherwise permissible. We express no opinion on it." This petition is also disposed of on the same term, however, we make it clear that if anybody other than the Lucknow Development Authority has encroached upon the said land, then, the concerned statutory authority will have remedy to proceed to remove the encroachment as per law. . [Manish Kumar,J.] [Rajan Roy,J.]
Order Date :- 5.8.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench