SRI AJAI SETH AND 6 OTHERS v. U.O.I. THRU. ITS SECY. MINISTRY OF DEFENCE NEW DELHI AND 4 OTHERS
WRIC/7181/2025 · 2025-07-29
Rajan Roy, Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153421 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153421 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43667-DB Court No. - 2 Case :- WRIT - C No. - 7181 of 2025 Petitioner :- Sri Ajai Seth And 6 Others Respondent :- U.O.I. Thru. Its Secy. Ministry Of Defence New Delhi And 4 Others Counsel for Petitioner :- Kshitij Singh Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Advocate and D.S.G.I. assisted by Sri Varun Pandey, learned counsel for the opposite parties.
2. The instant petition has been preferred seeking following reliefs:-
"(i) Issue a writ, order, or direction in the nature of Mandamus, directing the Respondents to immediately de-hire, vacate, and hand over peaceful possession of House Nos. 65-B and 65-C, Survey No. 111/805, Atal Road, Sadar Bazar, Lucknow Cantonment, to the Petitioners. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties to take preventive safety measures in coordination with the Cantonment Board, Lucknow, ensuring no loss of life or property occurs and that the Petitioners are not held liable for any mishap during the period of unauthorized occupation. (iii) Issue such other suitable writ, order or direction, as the Hon'ble Court may deem just and proper in the facts and circumstances of the case and in the interest of justice. (iv) Allow the writ petition with cost."
3. The petitioners claim to be owner of premises in question, which is in occupation of Cantonment Board, Lucknow, as informed by the petitioners' counsel. Annexure No. 1 is an Extract From the General Land Register, which contains the name of petitioner Nos. 1 and 4 only. It is said that a lease deed was executed by the petitioners in favour of Cantonment Board, Lucknow in 1946, but the lease deed is not on record. These are not the matters to be adjudicated under Article 226 of the Constitution of India. The petitioners may avail other remedies, if they have locus standi and a cause.
4. The writ petition stands disposed of. Order Date :- 29.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench