VAIBHAV VERMA (MINOR) THRU. HIS MOTHER LEGAL GUARDIAN ANJALI LODHI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 5 OTHERS
WRIC/9032/2025 · 2025-09-15
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163578 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163578 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9032 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and the learned Standing C ounsel, who appear on behalf of opposite parties no.1 to 5. 2. In view of the order proposed to be passed, issuance of notice to opposite party no.6 is dispensed with. 3. This petition has been filed with the following main prayers:-
"1. Issue a writ, order or direction in the nature of Mandamus commanding and directing the Opposite Party No.2 and 3 to immediately pass an order to the effect directing the O.P No.4 to restore the possession of Petitioner and to stop the demolition of House No.643-B/8 KHA, Beligarad, Sector P, Aliganj, District Lucknow carried out by the O.P No.6, which is till date recorded in the name of Petitioners grandfather namely Late Ram Adhar S/o Late Mahabeer Prasad. The O.P No.6 in connivance with the O.P No.5 after evicting the Petitioner from the aforesaid house had started demolishing the aforesaid house in the presence and patronage of the police of Police Station Madiyaon District Lucknow. 2. Issue a Writ, order or direction in the nature of Mandamus commanding and directing the Opposite Party No.2 to pass an order to the effect directing the O.P No.4 to conduct a through and impartial inquiry into the case of Petitioner holding the O.P No.5 and 6 accountable for their illegal and malicious action of unauthorized demolition of Petitioners house with out any prior notice or court order causing financial loss, emotional distress and disruption of livelihood. 3. Issue a writ order in the nature of mandamus commanding and directing the Opposite Party No. 2 to decide the representation dated 25.08.2025 (Annexure No. 2) of the Petitioner through her mother, legal guardian.” Versus Counsel for Petitioner(s) : Nishant Srivastava, Agresh Kumar Rai, Vivek Kumar Singh Counsel for Respondent(s) : C.S.C. Vaibhav Verma (Minor) Thru. His Mother Legal Guardian Anjali Lodhi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 5 Others .....Respondent(s)
4.
Counsel for the petitioner stated that petitioner had earlier approached this Court in Writ-C No.7957 of 2025, wherein this Court had disposed of the writ petition on 20.08.2025 with a direction to the Executive Engineer of the Electricity Department to consider the application of the mother of the petitioner in accordance with law with regard to electricity connection of House No.643-B/8 Kha, Beligarad, Sector-P, Aliganj, Lucknow. 5. It has been stated that the instant writ petition has been filed because the purchaser of the property i.e. opposite party no.6 has colluded with the police personnel of Police Station Madiyaon and has illegally evicted the petitioner and his mother and is trying to demolish the house. 6. We have gone through the instructions dated 13.09.2025 sent by the Sub-Inspector, Police Station Madiyaon, District Lucknow, wherein it has been stated that opposite party no.6 bought the house in question through a registered sale deed executed on 03.03.2025. After such sale deed was executed and the sale consideration was paid, opposite party no.6 asked the father of the petitioner to vacate the house, but the mother of the petitioner refused to vacate the house and she called the police by dialing
112. After the police reached the spot in question on 24.08.2025, they found that there was a threat of breach of peace and, therefore, initiated the proceedings under Section 126/135 of Bharatiya Nagarik Suraksha Sanhita, 2023 against both the parties and the challani report has been submitted to the Magistrate concerned. 7. Instructions also mentioned that one Anupam Pandey, who is said to be journalist and Advocate, was allegedly instigating the mother of the petitioner to commit suicide and that he would make videography of such attempt to kill herself and also make the video viral.
The police was tried to be threatened with dire consequences and broke open the lock, which was put on the disputed house by the purchaser after possession was given to him by the father of the petitioner. Father of the petitioner stated the police that he has sold out of the property to opposite party no.6 and had got a sale consideration and he had also vacated the house and the same has been given to opposite party no.6. In the instructions, it has been stated that Anjali Verma, mother of the petitioner, has informed that a case is already pending with regard to cancellation of sale deed in the WRIC No. 9032 of 2025 2
court of Civil Judge (Senior Division), Lucknow. 8. Instructions are kept on record. 9. We find no ground for interference in the writ petition and to grant relief as prayed for. 10. Writ petition is accordingly dismissed. September 15, 2025 Rao/- WRIC No. 9032 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench