SHAFI HAIDAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF URBAN DEVELOPMENT LKO. AND 3 OTHERS
WRIC/7458/2025 · 2025-08-07
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155572 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155572 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46098-DB Court No. - 2 Case :- WRIT - C No. - 7458 of 2025 Petitioner :- Shafi Haidar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Urban Development Lko. And 3 Others Counsel for Petitioner :- Shashi Saurabh Tiwari,Shesh Ram Mishra Counsel for Respondent :- C.S.C.,Jalaj Kumar Gupta Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Jalal Kumar Gupta, learned counsel for the respondents no.3 and 4. 2. This writ petition has been filed with the following main prayers:-
"i. to issue a writ order or direction in the nature of certiorari thereby quashing the impugned e-Notice dated tender and 26.5.2025 further proceeding in pursuance thereto to the extent it relates to beautification of the Pond situated at Ward No. 17 Utraula (which is actually
"Karbala Pond") contained as Annexure No. 1 to the writ petition. ii. to issue a writ order or direction in the nature of mandamus commanding the opposite parties particularly the opposite party No. 3 and 4 not to give effect the impugned e-tender Notice dated 26.5.2025 and further proceeding in pursuance thereto to the extent it relates to beautification of the Pond situated at Ward No. 17 Utraula (which is actually "Karbala Pond") contained as Annexure No. 1 to the writ petition."
3. It has been submitted by learned counsel for the petitioner that the petitioner is the descendant of Raja Nawaz Ali Khan Estate of Utraula as pedigree has been shown in paragraph-5 of the writ petition. The land in question is being claimed by Nagar Palika Parishad to be a pond and its beautification is being carried on. 4. Sri Jalaj Kumar Gupta has referred to the documents
as filed alongwith the writ petition including annexure-02 wherein a copy of Non-ZA Khasra of 1425 fasli has been shown. The land in question is referred as Talab. The Talab is in existence over Gata No.1458. He has also pointed out from page 22 of the paper book that the Non- ZA Khatauni of 1425 fasli also shows the name of the Khatedar as Raja Mohd.
Khan @ Rizwan Khan as Khewar No. 1, Patti No.1 and also shows that the persons in possession are of category 5(A) of the Land Records Manual wherein it is specifically mentioned that such persons have no right. 5. We find no good ground to entertain the writ petition. 6. Accordingly, the writ petition stands dismissed. Order Date :- 7.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench