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2025 DAILYLAW 161134 (ALL)

VISHWANATH PATNAYAK v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 4 OTHERS

WRIC/8475/2025 · 2025-09-02

Brij Raj Singh, Sangeeta Chandra

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8475 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 5. Shri Anil Kumar Yadav, Advocate, who has filed his Power alongwith an Impleadment application on behalf of the applicants namely Utpal Banerjee and Udyan Banerjee sons of Late Anil Chandra Banerjee. 2. This petition has been filed by the petitioner for the following prayers:- "(i) to issue a writ, order or direction in the nature of mandamus commanding/directing the opposite parties to open the lock of the door of the petitioner House No. 733, Sector-C, Mahanagar, Lucknow. (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 2 to consider the case of the petitioner in light of application dated 05.02.2025 moved by the petitioner in respect to the opening of the lock of the door of the petitioner's house bearing House No. 733, Sector-C, Mahanagar, Lucknow. (iii) to issue any writ, order or directions which this Hon'ble Court may deem just and proper in the circumstances of the case may also kindly be passed." Versus Counsel for Petitioner(s) : Bhupendra Kumar Bajpai, Nitin Kumar Mishra, Rajesh Kumar Awasthi Counsel for Respondent(s) : C.S.C. Vishwanath Patnayak .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others .....Respondent(s) 3. It appears from a perusal of the pleadings on record and also the affidavit filed in support of application for Impleadment that there is a dispute regarding the ownership of House No.C-733, Sector-C, Mahanagar, Lucknow. It has been stated in the writ petition that the father of the petitioner, Jagannath Patnayak, had been allotted 2 Biswa and 9 Biswanshi of land by Nagar Mahapalika Lucknow, in Mahanagar Housing Scheme and a Lease Deed was signed and executed on 16.12.1960 for the plot of land which was bounded by Plot No.C-716 on the East and a 60 Feet road on the North and 85 Feet road on the West. 4. A copy of the registered Sale Deed dated 16.12.1960 has been filed as Annexure to the petition. 5. On the other hand, in the Impleadment application an affidavit filed therein by Sarvajeet Mishra on behalf of the applicants, as they are Power of Attorney holders, the land in question was allotted to Sunil Chandra Banerjee son of Ravindra Chandra Banerjee Resident of Radhey Shyam Bhawan, Naka Hindola, Lucknow, by the Municipal Board. 6. No writ petition, which raises disputed question of fact, can be entertained. 7. The writ petition is disposed of with a direction to the petitioner to move an appropriate application before the Civil Court for declaration of his right. September 2, 2025 N.PAL WRIC No. 8475 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench