MAYA DEVI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOUSING AND URBAN PLANNING LKO. AND 8 OTHERS
/7211/2025 · 2025-08-04
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154459 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154459 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45093-DB Court No. - 2 Case :- WRIT - C No. - 7211 of 2025 Petitioner :- Maya Devi And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Housing And Urban Planning Lko. And 8 Others Counsel for Petitioner :- Durgesh Kumar Singh,Ankit Kumar Trivedi Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State Respondents and Sri Namit Sharma, learned Counsel appearing for the opposite party no. 3.
2. This writ petition has been filed with the following main prayers:-
"I) issue a, order or direction in the nature of Certiorari to quash the lease deed dated 30.03.1995 executed by Opposite Party No. 3 in favour of M/s. Srijan Vihar Sahkari Awas Samiti as well as lease deed dated 19.02.2003 executed by Opposite Party No. 3 in favour of Friends Sahakari Awas Samiti Ltd. Lucknow (Contained as Annexure No. 1 and 2), in the interest of justice. II) issue a, order or direction in the nature of Mandamus commanding to the Opposite Party no. 3 and 6 to 9 to not interfere in peaceful possession of the petitioners over the land in dispute and restrain encroachers for Hover interfering in the appurtenant land Gata No. 268/3 which has been confirmed in the Civil Suit No. 86 of 1984 vide
order dated 28.05.1987 passed by the Court of Civil Judge Sixth, Munsaf, Lucknow in favor of petitioner no. 1 (contained as Annexure No. -3), in the interest of justice. III) issue a, order or direction in the nature of Mandamus commanding to the Opposite Parties to not harass the petitioners till the pendency of present writ petition, in the interest of justice."
3. The opposite parties no.6 to 9 are co-operative housing societies and builders. The lease deeds were
executed way back in 1995 and 2023.
4. If the petitioners wishes that such lease deeds be cancelled, he has to approach the appropriate forum. This Court cannot decide disputed questions of fact under extraordinary jurisdiction exercise by it under Article 226 of the Constitution.
6. Accordingly, the writ petition stands dismissed.
Order Date :- 4.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench