NIRUPAMA MISHRA AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOUSING AND URBAN PLANNING LKO. AND 8 OTHERS
/11420/2024 · 2025-01-07
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170954 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170954 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1169-DB Court No. - 2 Case :- WRIT - C No. - 11420 of 2024 Petitioner :- Nirupama Mishra And 7 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Housing And Urban Planning Lko. And 8 Others Counsel for Petitioner :- Ajai Vikram Singh,Laxmi Narayan Gupta Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Shri Anagh Shukla, Advocate has filed his vakalatnama on behalf of the opposite party no. 3. The same is taken on record. Heard Shri Ajai Vikram Singh, learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State and Shri Anagh Shukla, learned counsel for the opposite party no. 3. This writ petition has been filed seeking the following reliefs:-
"(i) Issue a writ in the nature of Mandamus directing the respondent No. 3 to cancel all the agreements with respondent No. 7 and to take over all the projects and the land so as to ensure that all the projects in which money has been taken from the buyers are constructed. (ii) Issue a writ of mandamus, or order or direction to conduct a detailed forensic audit for all the projects launched by respondent No. 7 in its project under the Flaghsip of "Sushant Golf City" township. (iii) Issue a writ of mandamus or order or direction to direct investigation by the Central Bureau of Investigation of the large scale fraud and cheating done by the officers of respondent No. 3 together with officers and directors of respondent No. 7 as the state agency had completely failed in its duty to investigate the matter. (iv) Issue writ order or direction to direct all investigation agencies such as Serious Fraud Investigation Office, Enforcement Directorate and others to investigate the money siphoned off by the respondent No. 7, 8 and 9. (v) Issue writ, order or direction to respondent No. 5 and 6 to register the FIR against the respondent No. 7, 8 and 9." The petitioners are not claiming any relief for themselves, however, they have filed this writ petition for cancellation of all agreements entered into by the Lucknow Development Authority with the opposite party no. 7 and also take to over all the projects and land of opposite party no. 7. Relief has also been sought for forensic audit of the projects launched by the
opposite party no.
7 in its project under the Flaghsip of
"Sushant Golf City" township. The petitioners, it appears, had deposited some amount with the opposite party no. 7 for allotment of house. Allotment letter was issued but in spite of deposit of more than 50% of amount the flats/land/ Vilas have not been provided. We are of the opinion that the petitioners can raise their individual grievance before the appropriate forum. For the relief sought herein they can approach the Lucknow Development Authority if there is a cause and if it is otherwise permissible or seek such other remedy, as, in view of the pleadings it will include a long drawn factual inquiry into various projects, especially, in view of the relief no. 1, which this Court under Article 226 of the Constitution of India may not be suited. With the aforesaid observations, the writ petition is disposed of. . (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 7.1.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench