Neutral Citation No. - 2025:AHC-LKO:49326-DB Court No. - 2 Case :- WRIT - C No. - 8036 of 2025 Petitioner :- Deepak Kumar Gupta Respondent :- State Of U.P. Thru. Its Prin. Secy. Urban Development Deptt. Lko. And 4 Others Counsel for Petitioner :- Sanjay Kumar Sharma Counsel for Respondent :- C.S.C.,Rakesh Pratap Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State Respondents and Sri Rakesh Pratap Singh, learned counsel appearing on behalf of the respondent nos.3 and 4. 2. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties no.2, 3 and 4 to hand over the possession of shop No.18 situated at Steelganj Talab, Kasgar Gali, Nagar Palika Parishad, District- Bahraich in pursuance of the order dated 28.12.2023 passed by the Executive Office, Nagar Palika Parishad, District- Bahraich contained in Annexure No.1 to this writ petition forthwith, in the interest of justice". 3. It has been submitted by learned counsel for the petitioner that the respondent nos.3 and 4 have mutated the petitioner's name on the shop belonging to his father, but it is still in possession of the respondent no.5, his cousin, and despite repeated applications being made to the Executive Officer, the Nagar Palika Parishad is not doing anything to hand over possession of the shop to the petitioner. 4. In pursuance of the order passed by the Nagar Palika Parishad, the petitioner has deposited all necessary fee. The respondent no.5 on the basis of an invalid family settlement dated 21.01.1989 allegedly arrived at between father of the petitioner Mahesh Prasad Gupta and the father of the respondent no.5 Late Lal Ji Lal Gupta, partitioned the house as well as shop Nos.18 and 19. The said shops were allotted initially by the Nagar Palika Parishad, Bahraich, in the name of the father of the petitioner. 5. The petitioner has also filed a Civil Suit / Regular Suit No.124 of 2012: Deepak Kumar and others Vs. Kanti Kumar Gupta and another, against the respondent no.5 and one Dinesh Kumar Gupta, who is also a cousin of the petitioner, where the defendants never appeared for almost five years and the said Suit decreed ex parte on 29.05.2017. The defendants thereafter filed an application under Order IX Rule 13 read with Section 151 C.P.C., which was allowed on 31.07.2023. The petitioner filed a Civil Revision against such order of recall. A Writ Petition bearing Writ-C No.1003282 of 2003 has also been filed against the orders passed on mutation application. The petitioner has been directed to move a recall application. The recall application is pending also with the Nagar Palika Parishad. 6. Having gone through the pleadings on the record, we are of the considered opinion that the petitioner's Regular Suit is already pending for declaration of his rights over shop Nos.18 and 19, which he alleges to belong to his father as allotment was made in favour of his father. 7. Let all parties be heard including the Nagar Palika Parishad by the learned Civil Judge (Junior Division), Bahraich, and an order be passed on interim relief application, if any, filed by the petitioner. 8. The writ petition is accordingly disposed of. Order Date :- 22.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench