Neutral Citation No. - 2025:AHC-LKO:4596-DB Court No. - 2 Case :- WRIT - C No. - 11185 of 2024 Petitioner :- Soni And 6 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue Govt. Of U.P. Lko. And 6 Others Counsel for Petitioner :- Yogendra Nath Yadav,Vinod Kumar Yadav Counsel for Respondent :- C.S.C.,Namit Sharma,Rajesh Kumar Singh,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard Shri Vinod Kumar Yadav, Advocate holding brief Shri Yogendra Nath Yadav, learned Counsel for the petitioner, Shri Ratnesh Chandra, learned Counsel for the Lucknow Development Authority and learned Standing Counsel for the State. On 20.12.2024, the following order was passed:- "Heard. Petitioners claim to have house over the land in question with the permission of Mahant/ Sarvarakar in whose name Gata no.189Va is recorded. Reliance is placed on Annexure no.5. The submission is that without any notice to the petitioner straightaway the action of demolition is being proposed. Prima facie, the least that is required is to be done is to ask the petitioners to establish their rights in respect of the land in question, give them a reasonable time and then if they submit a reply, to consider it and proceed further and if they do not submit a response then to proceed as per law. We do not find any notice having been issued. The notice, in fact, lacks any details as to the plot number on which the petitioners may be encroaching. Sri Ratnesh Chandra, learned counsel for L.D.A. seeks time. List this case on 13.01.2025 as fresh to enable Sri Ratnesh Chandra, learned counsel for L.D.A. to seek instruction and produce notices etc, if any, which may have been issued to the petitioners or satisfy the court that the same was not required to be issued. Till then the petitioners houses etc shall not be demolished especially as they claim to be residing there for the past fifty years." Today, Shri Ratnesh Chandra, learned Counsel for the Lucknow Development Authority has written instructions to the effect that petitioner, as per averment made in Paragraph 7 of the writ petition claims rights in respect of Gata No. 189-A and 189-B, whereas, the structure in question, demolition of which is proposed, is situated on Gata No. 205 which is nazul land. However, he does not deny the fact that there is a structure existing on the said Gata which the petitioner claims to be his, though, it is the case of the opposite parties that they are encroachers and the structure is illegal. However, even if it is so, the judgment dated 13.11.2024 rendered in Writ Petition (Civil) No. 295 of 2022 applies, and the procedure prescribed therein has to be followed. Shri Ratnesh Chandra, learned Counsel should provide a copy of the aforesaid judgment of Hon'ble the Supreme Court to the Vice Chairman and Secretary, Lucknow Development Authority, so that, the said dictum of the Supreme Court is adhered in letter and spirit before undertaking any such exercise of demolition. In this case also, the same procedure will have to be followed. The opposite parties shall not proceed to demolish the structure in question without following the procedure prescribed in the aforesaid law and the relevant statute. Proper demarcation exercise shall be conducted to ascertain as to whether the structure is actually on the Gata's claimed by the petitioner or it is on any other Gata, as claimed by Lucknow Development Authority. Thereafter, if there is a cause, the procedure as prescribed in the aforesaid decision should be followed. The writ petition is disposed of in the aforesaid terms. Order Date :- 23.1.2025 Lokesh Kumar [Manish Kumar, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench