RAJAN TRIVEDI v. THE U.P. EVAS EVAM VIKAS PARISHAD THRU. ITS SECY. LKO. AND 5 OTHERS
WRIC/8270/2025 · 2025-08-27
Manjive Shukla, Rajan Roy
body2025
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[ 2025 DAILYLAW 161250 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 161250 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8270 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard. 2. By means of this petition, the petitioner-Rajan Trivedi has sought the following reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.1 to 5 to ensure that the peaceful possession of the petitioner on plot No.13/7090/2, Rajajipuram Seheme, District Lucknow, situated on Khasra No.276, Biharipur, Rajajipuram Scheme, District Lucknow is restored to him and is not disturbed in any manner by the opposite party no.6 or his agents. (ii) issue any other appropriate writ, order or direction which is deemed just and proper in the nature and circumstances of the case in favor of the petitioner in the interest of justice along with the cost of this writ petition. "
3. His contention in brief is that he has been allotted Plot No.13/7090/2 situated on Khasra No.276, Biharipur, Rajajipuram Scheme, Lucknow by U.P. Awas Evam Vikas Parishad vide allotment letter dated 14.12.2016 and has also been granted possession although sale deed has not been executed as yet. The grievance is with regard to opposite party no.6 a private person-Sri Khadanan Lal Mishra who it is alleged is interfering in his possession and has destroyed the boundary wall which was constructed by the petitioner. Versus Counsel for Petitioner(s) : Shireesh Kumar, Utkarsh Kumar Counsel for Respondent(s) : Ratnesh Chandra, C.S.C. Rajan Trivedi .....Petitioner(s) The U.P. Evas Evam Vikas Parishad Thru. Its Secy. Lko. And 5 Others .....Respondent(s)
4.
We fail to understand as to how a writ petition would be maintainable as apparently it appears to be a private dispute between the petitioner and opposite party no.6 of civil nature involving land/ property unless of course U.P. Awas Evam Vikas Parishad has any role to play in the matter but without recording any conclusive opinion in this regard, we are of the opinion that the petitioner may avail other remedies as may be prescribed in law and/ or approach the competent authority of the U.P. Awas Evam Vikas Parishad who may also look into the matter as to whether the rights and interests of the said Board in the land in question, if any, are being compromised and if it is required to be do the needful then it may also take such measures as may be required and permissible in law. It is also informed that the decree in favour of opposite party no.6 is in respect of Plot No.267 whereas the khasra number part of which has been allotted to the petitioner is 276. It is made clear that we have not at all entered the merits of the allegations and counter-allegations. 5. Accordingly, the petition is disposed of. August 27, 2025 Shanu/- WRIC No. 8270 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench