JABIR ALI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 3 OTHERS
WRIC/6571/2025 · 2025-07-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150621 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150621 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39630 Court No. - 7 Case :- WRIT - C No. - 6571 of 2025 Petitioner :- Jabir Ali Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 3 Others Counsel for Petitioner :- Mohd. Azam Khan Counsel for Respondent :- C.S.C.,Dharmendra Kumar,Dilip Kumar Mishra Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri S.P. Tiwari,
learned counsel for the respondents.
2. The present petition has been filed by the petitioner challenging an order dated 25.06.2025, whereby the appeal preferred by the petitioner against an order dated 09.01.2025 was dismissed.
3. The facts in brief are that the respondent had applied for sanction of map for raising constructions over the property owned by the respondent, in which an order came to be passed on 22.10.2020 by the prescribed authority. The said order was challenged in an appeal. The appeal came to be allowed and the matter was remanded for consideration afresh vide order dated
11.12.2024. Subsequently, in terms of the remand order, the map was sanctioned in favour of the respondent vide order dated 09.01.2025. The petitioner has preferred an appeal against the said sanctioned order passed by the prescribed authority under the U.P. Municipality Act, 1916.
4. The contention of learned counsel for the respondent is that the petitioner himself had instituted a suit claiming easementary rights over the property owned by the respondent, however, the injunction was refused in the said suit No.494 of 2020. Prior to which, a Writ- C No.4957 of 2025 was also filed for
enforcement of easementary rights, which was dismissed by this Court on 28.05.2025.
5. The said material facts with regard to the dismissal of Writ-C No.4957 of 2025 as well as the dismissal of the injunction application have not even been disclosed in the writ petition. The said is a clear case of concealment of material facts. Even otherwise, the petitioner alleged easementary rights, he would not get locus to challenge the order of sanction of map passed by the prescribed authority in favour of the owner of the property.
6. Thus, on both the grounds, the writ petition deserves to be dismissed and is, accordingly, dismissed.
Order Date :- 11.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench