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2025 DAILYLAW 157448 (ALL)

PAWAN KUMAR v. STATE OF UP THRU.PRIN. SECY. HOUSING AND URBAN PLANNING UP AND 2 OTHERS

WRIC/7772/2025 · 2025-08-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47839-DB Court No. - 2 Case :- WRIT - C No. - 7772 of 2025 Petitioner :- Pawan Kumar Respondent :- State Of Up Thru.Prin. Secy. Housing And Urban Planning Up And 2 Others Counsel for Petitioner :- Devesh Kumar Verma,Nisha Kumari,Pramod Kumar Rawat 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 petitioner and Shri Ratnesh Chandra, learned counsel appearing for the respondent L.D.A. 2. This petition has been filed by the petitioner with the following prayers :- "i). Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opposite parties to consider the possession and ownership of the petitioner on the property type MMIG/C type House Property ID 202359, property no.1/266, Sector- Vinamra Khand Gomti Nagar Lucknow on the basis of available documents related to the plot/property and to stop the auction process of the plot/property." 3. Learned counsel for the petitioner has submitted that the petitioner is an allottee of the property viz. House property no.1/266, Sector- Vinamra Khand, Gomti Nagar, Lucknow and has been in its possession since the date of his allotment. The petitioner came to know from newspaper that the Lucknow Development Authority (hereinafter referred to as "L.D.A.") has lost the files relating to allotment of certain properties and it proposes to auction such property treating them to be from vacant in absence of valid allotment letters. and the petitioner's property as aforesaid, was also shown on the L.D.A. web portal as proposed to be auctioned. The petitioner has filed a representation to the L.D.A. on 31.7.2025 annexing therewith the copies of the receipts issued for cash payment of Rs.1,00,000/- which has been paid to the L.D.A. 4. Shri Ratnesh Chandra, learned counsel appearing on behalf of the respondent L.D.A. on the basis of instructions states that no allotment letter was ever issued to the petitioner. The property on which the petitioner claims to be in possession was never allotted to him and was never sold off to the petitioner. In case the petitioner was allotted the said property, he should have produced before this Court copy of the allotment letter and demand notice issued by the L.D.A. for payment with regard to the sale consideration as well as the possession letter. 5. There is no document on record to show that the petitioner was ever having valid possession over the property in question, as aforesaid. 6. We do not find any good ground to show indulgence in the matter in the writ jurisdiction under Article 226 of the Constitution of India. 7. Accordingly, the writ petition is dismissed. Order Date :- 14.8.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench