HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9196 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. This petition has been filed with the following prayers :- Issue a writ, order or direction in the nature of Mandamus, the opposite parties thereby directing the opposite party no.2 and 4 not to interfere peaceful possession of petitioner in the part Gata No.1434, area 5400 sq. fit, Bhukhand no.41, 41 and 42 which are situated at village Bijnor Tehsil – Sarojini Nagar, District Lucknow, in the interest of justice. i. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties no.2 to take the appropriate action against the whose officer involved to interfere of peaceful possession of petitioner in the part Gata No.1434, Area 5400 sq. fit, Bhukhand No.40, 41 and 42 which are situated at village Bijnor Tehseel Sarojani Nagar, District Lucknow, in the interest of justice." ii. It is the case of the petitioner that the opposite party no.5, i.e., Preeti Nagar Cooperative Housing Society Limited executed a sale deed in favour of the petitioner for 5400 square feet of land in gata No.1434, sub- plotted as bhukhand no.40, 41 and 42 on 11.02.2002 in village Bijnor, Tehsil-Sarojini Nagar, District Lucknow. The name of the petitioner was mutated in the revenue records. Before the sale deed was executed in favour of the petitioner by Preeti Nagar Sahkari Awas Samiti, the Secretary of the said Sahkari Awas Samiti had filed application under Section 41 of Land Revenue Act registered as case no.19/44/2001-02 for demarcation of plot numbers 1434 sa, 1261 sa, 1299, 1301 and 1302, situated at Village Bijnor and a demarcation order was passed on 31.05.2002 in favour of the Preeti Nagar Sahkari Awas Samiti. After such demarcation was carried out on cooperative society's land the petitioner got Versus Counsel for Petitioner(s) : Mohammad Irfan Siddiqui, Devesh Deo Bhatt Counsel for Respondent(s) : C.S.C. Jayant Sen Gupta .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 4 Others .....Respondent(s) 5400 square feet from such Cooperative Society. Now, the respondents only to get illegal gratification from the petitioner are harassing the petitioner and, hence, this petition has been filed with the aforesaid prayer. Learned Standing Counsel has placed before this Court instructions dated 17.9.2025 sent by SDM Sarojini Nagar, Lucknow wherein it has been stated that the petitioner has alleged that he had bought part of Gata No.1434, area 5400 square feet from Preeti Nagar Cooperative Housing Society Limited on 11.02.2002 but Preeti Nagar Housing Cooperative Society itself had no right on the land as on the basis of a complaint made by Phool Chandra and Wahid Ali etc, residents of village - Bijnor on 09.08.2010, regarding gata no.1261 and gata no.1434, a report was called from the Tehsildar Sadar and he reported on 01.10.2010 that the land belong to the 'gaon sabha', consequently, case no.423/10-11 under Section 33/99 of the Land Revenue Act [State vs. Preeti Nagar Cooperative Housing Society Ltd, Lucknow] was instituted and after proper opportunity of hearing being given to the Cooperative Housing Society, the matter was decided on merits on 04.4.2011 and it was found that the name of Preeti Nagar Housing Society has been wrongly mentioned in the revenue records and land belongs to the 'gaon sabha' and was directed to be registered as 'usar'. The Preeti Nagar Housing Cooperative Society filed a revision no. R201110390044385 [Preeti Nagar Coopeartive Housing Society Limited, Lucknow vs. State of U.P.] under section 219 of the U.P. Land Revenue Act which revision has also been rejected on merits on 27.4.2017. The Cooperative Housing Society thereafter approached this Court in Writ C No.20492/2017 which writ petition has been dismissed for want of prosecution on 07.9.2021. The order dated 04.4.2011 passed under Section 33/39 of the Land Revenue Act in favour of the 'gaon sabha' has not been disturbed by any Court. Instructions are kept on record. Writ petition is disposed of with liberty to the petitioner to file an appropriate suit against the Cooperative Housing Society which led the petition. September 18, 2025 mks WRIC No. 9196 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench