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2025 DAILYLAW 155513 (ALL)

ANURAG CHAUHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO. AND 2 OTHERS

WRIC/7479/2025 · 2025-08-07

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46072-DB Court No. - 2 Case :- WRIT - C No. - 7479 of 2025 Petitioner :- Anurag Chauhan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 2 Others Counsel for Petitioner :- Ambrish Singh Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned Standing counsel appearing on behalf of the State and Sri Ratnesh Chandra, learned counsel appearing on behalf of the respondent no.2. 2. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of mandamus, for the disposal of the legal representation sent on 25.06.2025 and received on 26.06.2025 to the opposite party no. 2 for deciding the Request for Restoration of the property in parity to the other members of the Ashoka Garden w.r.t order dated 05/10/2018 in MISB. BENCH No. 677 of 1990 of the Hon'ble Court pending with the opposite party." 3. We have gone through the representation filed by the petitioners before the Vice-Chairman, Lucknow Development Authority, and also the judgement and order dated 05.10.2018 passed in two writ petitions of similar nature i.e. Writ Petition No.677 (M/B) of 1990 and Writ Petition No.2946 (M/B) of 1993. 4. The Court while partly allowing the said writ petitions had observed that the respondent- Lucknow Development Authority and the Principal Secretary, Housing and Urban Development, may adjust the five plots to four members of Ashoka Garden Parishad, details whereof have been mentioned in the earlier part of the judgement, on the vacant land available with them as indicated in the affidavit filed by the Vice-Chairman dated 27.09.2018, within a period of one month from the date of production of certified copy of the order at the same rate as was applicable in 1983 as admittedly according to the Lucknow Development Authority the development had been made during that period and also for the reason that four houses of the members of the Ashoka Garden were adjusted during that period at the rates admissible at that time. 5. 5. It has been submitted by Sri Ratnesh Chandra that as is evident from the observations made by the Division Bench in its judgment and order dated 05.10.2018, the relief was limited to only four members of the Ashoka Garden Parishad who had approached the Court by filing the aforesaid two writ petitions in the year 1990 and in 1993. 6. The petitioners did not file any writ petition at the appropriate time. The petitioners also waited for more than seven years in sending their representation to the Authorities after the judgement rendered on 05.10.2018 in the aforesaid two writ petitions. 7. Sri Ratnesh Chandra, learned counsel for the respondent, has also placed reliance upon a judgement rendered by Hon'ble Supreme Court in the case of State of Uttar Pradesh and others Vs. Arvind Kumar Srivastava and others, reported in (2015) 1 SCC 347, to say that even such limited direction, as has been prayed for in this petition, should not be given as it would amount to re-opening an issue which has been closed way back. 8. We find that the representation made by the petitioners to be extremely delayed. 9. The writ petition stands dismissed. Order Date :- 7.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench