Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 164819 (ALL)

SOMI TIVARI v. STATE OF U.P. THRU. SECY. URBAN DEVELOPMENT DEPTT. LKO. AND 5 OTHERS

/9160/2025 · 2025-09-23

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9160 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1, 5 and 6 and Ms. Swati Singh Rajawat who appears on behalf of the Opposite party nos.2, 3 and 4. 2. This petition has been filed by the petitioner for the following prayers:- "I. Issue a writ, order or direction in the nature of Certiorari quashing the impugned Notice dated 15.07.2025 issued by Respondent no.4 under Sections 296 and 299 of the U.P. Municipal Corporation Act, 1989 (Annexure No.2). II. Issue a writ, order or direction in the nature of Mandamus commanding the Respondents not to interfere with the peaceful possession and construction of the Petitioner over Gata No. 146, village Rasoolpur Kaysth, Tehsil B.K.T., District Lucknow, except in accordance with law. III. Issue a writ, order or direction in the nature of Mandamus commanding Respondent No.5 decide the demarcation application dated 18.08.2025 filed by the Petitioner expeditiously within a time- bound period. Versus Counsel for Petitioner(s) : Suresh Kumar Mishra, Sudhir Kumar Rai Counsel for Respondent(s) : C.S.C., Swati Singh Rajawat Somi Tivari .....Petitioner(s) State Of U.P. Thru. Secy. Urban Development Deptt. Lko. And 5 Others .....Respondent(s) IV. Pass any other or further order which this Hon'ble Court may deem fit and proper in the interest of justice." 3. We have gone through the reply submitted by the petitioner, a copy of which has been filed as Annexure No.3 to the petition. 4. It is the case of the petitioner that no demarcation was carried out by the Nagar Nigam officials for Khasra No.144/0.506 Hectare which has been recorded as public way in relation to Village Rasoolpur Kaysth which has now come within the Municipal limits and under the Management of the Nagar Nigam. No reply has yet been received by the petitioner. 5. This writ petition is disposed of with a direction to the Opposite party no.4-Officer-In-Charge (Property), Nagar Nigam, Lucknow, to take into account the reply submitted by the petitioner through registered post on 19.08.2025 and then pass an appropriate reasoned and speaking order within a period of ten days' from the date a certified copy of this order is produced before him. September 23, 2025 N.PAL WRIC No. 9160 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench