HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8748 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-respondent nos.1, 5, 6, 7, 8, 9, 10 and 11 and Shri Rantesh Chandra who appears on behalf of the contesting-Respondent Awas Vikas Parishad. 2. This petition has been filed by the petitioners for the following prayers:- "i) issue a writ, order or direction in the nature of Certiorart quashing the demolition and sealing orders of the petitioner-hospital dated 20/06/2025 (VRD/CD-2/25/00737) and 19/07/2025 (VRD/CD- 2/25/00737) respectively after summoning the same, passed by opposite party no. 2 to 4. issue a writ, order or direction in the nature of Certiorari quashing the order of suspension of registration of the petitioner hospital issued vide order dated 01/09/2025 (Annexure No. 10) passed by the opposite party no. 7. iii) issue a writ, order or direction in the nature of Mandamus directing the opposite parties to not to interfere with the peaceful possession of petitioners over plot Khasra no. 282 on their portion measuring 2330.37 sq. ft situated at Village Kharika situated at Telibagh, Tehsil: Sarojini Nagar, Lucknow. Versus Counsel for Petitioner(s) : Pradeep Kumar Dwivedi, Vaibhav Srivastava Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Krishna Life Line Hospital Thru. Authorized Signatory Dr.Sanjay Kumar Dwivedi And 2 Others .....Petitioner(s) State Of Up Thru. Prin. Secy. Deptt. Of Housing Urban Planning,Govt Of U.P. Lko. And 10 Others .....Respondent(s) iv) issue a writ, order or direction in the nature of Mandamus directing the opposite parties to not to create any hindrance, disturbance and interference in the peaceful functioning of the petitioner hospital, during pendency of the present writ petition. issue a writ, order or direction in the nature of Mandamus directing the opposite parties to not to proceed with the impugned actions of demolition and sealing with regard to the petitioner hospital, during pendency of the present writ petition. vi) issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to pass any further orders of demolition and sealing with regard to the petitioner hospital, during pendency of the present writ petition. vii) Award costs in favour of the petitioners and against the opposite parties. viii) Pass such further or other orders as may be considered just and proper in the interests of justice and in the circumstances of the case. " 3. This Court had passed an order on 04.09.2025 on urgency being mentioned that Awas Vikas Parishad were going to demolish the building that was constructed after Map was sanctioned by Awas Vikas Parishad on land which was Arjan Rahit /Arjan Mukt. 4. Today, Shri Ratnesh Chandra on the basis of instructions has stated that Shailesh Prajapati, the erstwhile owner of the plot bought by the petitioners had 4446 sq.feet of land in Khasra No.282 and he had sold off only around 2330.37 sq.feet of land through registered Sale Deed on 26.07.2002 to the petitioner at the time when the sale deed had been executed that part of land of Khasra No.282 which was sold off to the petitioners, was vacant as is evident from the recycle in the sale deed. However, after 2002, the petitioners raised construction on the part of land bought by him out of Khasra No.282 without getting the Map sanctioned for the same from the Competent Authority that is the Awas Vikas Parishad. The Awas Vikas Parishad has developed all the land surrounding the land of the petitioners as Vrindavan Yojana and Village Kharika, Telibagh, Tehsil Sarojini Nagar, District Lucknow, has also been assimilated in Vrindavan Yojana. The petitioners did not take any permission. They did not get any sanction of map. He raised commercial construction in an area earmarked as residential in the lay out plan prepared by Awas Vikas WRIC No. 8748 of 2025 2 Parishad. Now they are running a hospital on the same. 5. It has been submitted that even the development charges which were demanded from Shailesh Prajapati for notifying part of Khasra No.282 as Urjan Rahit/ Urjan Mukt have not been paid. 6. The instructions are kept on record. 7. This writ petition is disposed of with liberty to the petitioners to move an appropriate application for compounding construction, if the same is permissible under the existing Bye-laws of Awas Vikas Parishad within a period of ten days from today alongwith Development Fee and Betterment Fee. 8. If the same petitioners move such application in the prescribed format, in accordance with the relevant Rules and Bye-laws, the same shall be considered by the Competent Authority and an appropriate order be passed thereon within a period of six weeks from the date such application is received. 9. For a period of eight weeks, the hospital of the petitioners shall not be sealed but they shall not be allowed to make any fresh admissions and they shall only treat and discharge patients already admitted in the hospital. September 8, 2025 N.PAL WRIC No. 8748 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench