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2025 DAILYLAW 162836 (ALL)

ANKUSH AGARWAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOUSING AND URBAN PLANNING LKO. AND 2 OTHERS

WRIC/8779/2025 · 2025-09-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8779 of 2025 Court No. - 2 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 and Sri Rajnish Kumar Singh, Advocate, who has filed power on behalf of the Lucknow Development Authority. 2. This petition has been filed with the following main prayer:- "Issue a writ in the nature of Certiorari or any other appropriate writ, order, or direction, to quash the show-cause notice bearing case no.LDA/ZI/ANI/2025/0004748, dated 11.08.2025, issued by the Respondent No.3, annexed as Annexure No.-4 to this writ petition." 3. It is the case of the petitioner that he and his brother Anubhav Agrawal had purchased a plot bearing No.A-1/4, Vivek Khand, Gomti Nagar, Lucknow (total area 540 Sq. mtr.) from one Madan Kishore Thakur through a registered sale deed on 30.07.1999. The said property was leased to Madan Kishore Thakur by the Lucknow Development Authority on 06.02.1985. The petitioner submitted an application for sanctioning of map on 07.09.2000. The respondent no.2 initiated Case No.414 of 2018: Lucknow Development Authority Vs Ankush Agarwal, under Section 27/16 of the U.P. Urban Planning and Development Authority Act, 1973, on some report of the Enforcement Cell of the Lucknow Development Versus Counsel for Petitioner(s) : Mandeep Kumar Mishra, Charan Deep Singh Bedi, Prabhat Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Ankush Agarwal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Housing And Urban Planning Lko. And 2 Others .....Respondent(s) Authority. The petitioner appeared before the Prescribed Authority and submitted his objections. The Prescribed Authority after considering the objections of the petitioner passed an order on 18.12.2018 adjourning the proceeding till such time that the Government passes an order relating to conversion of the building from residential to commercial. 4. The respondent no.3 has again initiated proceedings under Section 27(1) of the Act of 1973 on 11.08.2025 and issued a show-cause notice to the petitioner. The petitioner filed his reply on 20.08.2025 in which the petitioner has expressed his specific and explicit willingness to adhere all terms and conditions required to change the use of property from residential to commercial. However, the respondents' employees are threatening the petitioner that his building will be demolished. Hence this petition has been filed. 5. Sri Rajnish Kumar Singh, learned Counsel appearing on behalf of the L.D.A., on the basis of instructions sent by the Secretary, Lucknow Development Authority, states that the petitioner has submitted an application or compounding in which there are certain shortcomings. The shortcomings have been communicated to the petitioner. The petitioner has not uploaded complete chain of sale deed with mutation letter. The petitioner has not uploaded previous sanctioned map and also not uploaded the complete drawing with detailed area showing all floor plan section wise. 6. This writ petition is disposed of with a direction to the petitioner to remove the shortcomings indicated by letter dated 08.09.2025 of the Assistant Engineer (Map Cell), Lucknow Development Authority, within ten days from today. If such shortcomings are removed, the application shall be processed in accordance with the bye-laws as amended from time to time and an appropriate order shall be passed by the Competent Authority within a period of six weeks from the date of submission of such application. September 9, 2025 Rahul WRIC No. 8779 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench