HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8565 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Supplementary counter affidavit filed today on behalf of respondent no.6 is taken on record. 2. Heard learned counsel for the petitioners, learned Standing Counsel for respondent no.7, Sri Ratnesh Chandra, learned counsel appearing on behalf of respondent nos.2, 3 and 4, Sri Anurag Shukla, learned counsel appearing on behalf of respondent no.6, and Sri Rajesh Chadha and Sri Jatin Chadha, Advocates, who have filed their Power today on behalf of respondent no.5, which is taken on record. 3. This petition has been filed by 23 petitioners, who are members of Parsvnath Residents Welfare Society, challenging the order dated 21.8.2025 by which, the Secretary of the Lucknow Development Authority has requested the Joint Commissioner of Police, Lucknow to provide necessary police force for respondent no.6 to carry out its construction operations as per the approved map for the project Spring Garden-II. 4. The petitioners have alleged that the Parsvnath City Residents Welfare Versus Counsel for Petitioner(s) : Hari Prasad Gupta, Durgesh Kumar Verma, Hariank Gupta Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Kunwar Bahadur Srivastava And 22 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lko. And 6 Others .....Respondent(s) Association had approached this Court in Writ-C No.1165 of 2025 where this Court had passed an interim order on 10.2.2025 directing the parties to exchange affidavits and in the meantime, directed that any action based on the impugned map shall abide by further orders/result of the writ petition. The Residents Welfare Society in Writ-C No.1165 of 2025 was aggrieved against the approval of map submitted by respondent no.5, which is M/s. Spring Garden-II. 5. A preliminary objection has been raised by learned counsel for the respondents that fresh writ petition for challenging the order/letter dated 21.8.2025 issued by the Secretary of Lucknow Development Authority in pursuance of order dated 9.10.2024 relating to approval of map, is not maintainable, as the petitioners could have prayed for interim relief by moving an appropriate application bringing on record subsequent developments in Writ-C No.1165 of 2025. 6. Learned counsel for the petitioners has submitted that the respondents are demolishing the boundary wall of the petitioners and, hence, need arose to file present writ petition. It has also been submitted that an Enquiry Committee was formed, which has submitted a report to the Divisional Commissioner on which, the Divisional Commissioner had to take a decision and before such decision could be taken by the Divisional Commissioner, the Secretary of the Lucknow Development Authority issued a direction to the Joint Commissioner of Police to ensure help of the police force for respondent no.6 to take over the land of the petitioners. 7. Learned counsel for the respondents have pointed out a copy of report of the Divisional Commissioner, which is a part of Annexure-2 at Page 49 of the paper book. It appears that the dispute relates to chak marg on Khasra no.390, 402 of Village Uttardhauna. The report says that some allottees of Parsvnath City have raised unauthorised constructions over the chak marg. 8. We are of the considered opinion that this writ petition challenging the letter issued in pursuance of order passed by the Vice Chairman, Lucknow Development Authority, is not maintainable. The petitioner may WRIC No. 8565 of 2025 2 file an appropriate application for interim relief in the main writ petition i.e. Writ-C No.1165 of 2025 where pleadings have already been exchanged between the parties. 9. The writ petition stands disposed of. September 2, 2025 Sachin WRIC No. 8565 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench