VIPIN BIHARI SHUKLA AND 2 OTHERS v. STATE OF U.P. THRU. SECY. URBAN DEVELOPMENT DEPTT. LKO. AND 5 OTHERS
WRIC/9941/2025 · 2025-10-10
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168248 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168248 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9941 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard the learned counsel for the petitioners and the learned Standing Counsel for the State-respondents and Ms. Swati Singh Rajawat, learned counsel for the respondent nos. 2, 3 and 4.
2. This petition has been filed by the petitioners 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 Kayasth, 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 Vipin Bihari Shukla And 2 Others .....Petitioner(s) State Of U.P. Thru. Secy. Urban Development Deptt. Lko. And 5 Others .....Respondent(s)
3. We have gone through the reply submitted by the petitioners, a copy of which has been filed as Annexure No.2 to the petition.
4. It is the case of the petitioners 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 Kayasth 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 respondent no.4-Officer-In-Charge (Property), Nagar Nigam, Lucknow, to take into account the reply submitted by the petitioners through registered post on 18.08.2025 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. October 10, 2025 Anupam S/- WRIC No. 9941 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench