SMT.GAYATRI MISHRA AND 5 OTHERS v. STATE OF U.P. THRU. ITS SECY. HOUSING AND URBAN PLANNING LKO. AND 3 OTHERS
WRIC/8434/2025 · 2025-09-01
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160821 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160821 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8434 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J. (1) Heard the learned counsel for the petitioners and the learned Standing Counsel who appears on behalf of the State-respondents and Shri Ratnesh Chandra, who appears for opposite party nos.2 & 3 and perused the record. (2) This petition has been filed by the petitioners for the following main prayers:-
"(i) to issue a writ, order or direction in the nature of certiorari thereby quashing the impugned Notification dated 18.12.2020 issued U/s. 28 of U.P. Avas Evam Vikas Parishad Adhiniyam for 'Nai Jail Road Bhumi Vikas Avam Grahsthan Yojana Mohanlalganj, Lucknow issued by opposite party no. 2 with regard to the plots of the petitioners contained as Annexure No. 1 to the writ petition. (ii) to issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no. 2 to allot the developed plot of the same area as per Sale Deed contained as Annexure Nos. 2 to 8 to the writ petition directly to the petitioners for which the petitioners are ready to pay the development charge if any to the opposite parties in accordance with law. (iii) to issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no. 2 not acquired/take possession of the petitioners plots." Versus Counsel for Petitioner(s) : Bhupendra Kumar Bajpai, Nitin Kumar Mishra, Rajesh Kumar Awasthi Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Smt.Gayatri Mishra And 5 Others .....Petitioner(s) State Of U.P. Thru. Its Secy. Housing And Urban Planning Lko. And 3 Others .....Respondent(s)
(3) Learned counsel for the petitioners, at the very outset, has submitted that the petitioners may be permitted to not press the prayer no.(i) at this stage. (4) The facts as narrated in the writ petition are that the petitioners have purchased a land by a registered sale deed from the opposite party no.4 for residential purpose during the period from 06.05.2015 to 27.04.2017. The Notification was issued under Section 28 of U.P. Awas Vikas Parishad Adhiniyam, on 18.12.2020 by the opposite party no.2 for acquisition of land including the land of the petitioners.
The petitioners have submitted joint representation on 16.10.2023 before opposite party no.2, but till date no decision has been taken by the Respondent no.2. (5) On the other hand, the opposite party no.4 from whom the plots/ land was purchased by the petitioners are exerting pressure to give consent in his favour and delivery of possession of the land to the opposite party no.2. (6) On the other hand, Shri Ratnesh Chandra, appearing on behalf of opposite party nos.2 & 3 has submitted that all these issues could be seen while deciding the representation of the petitioners. (7) At this stage, learned counsel for the petitioners has confined his prayer to the extent that opposite party no.2 may be directed to decide the representation preferred by the petitioners prior to passing of the order under Section 32 and the petitioners may be given liberty to make a fresh representation bringing on record all the relevant documents in their favour before the opposite parties. (8) On the request of the learned counsel for the petitioners, the present writ petition is finally disposed of with a liberty to the petitioners to file a fresh representation within a period of one week from today. If such representation is made by the petitioners to opposite party no.2, opposite party no.2 shall consider the representation of the petitioners prior to passing of the order under Section 32 of the Act within a period of two weeks' thereafter. September 1, 2025 Anupam S/- WRIC No. 8434 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench