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2025 DAILYLAW 173745 (ALL)

SUDHIR KUMAR AND 13 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOUSING AND URBAN PLANNING LKO. AND 4 OTHERS

/11576/2025 · 2025-12-02

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11576 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Nitin Kumar Mishra, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Shri Madhukar Ojha, learned counsel for the respondent Nos 2 and 3. 2. The captioned writ petition has been filed by the petitioners, inter alia, praying therein for the following reliefs:- "(1) To issue a writ order or direction in the nature of certiorari to quash the impugned order dated-03.10.2025 issued by opposite party no-02 contained in Annexure No.-01 to this writ petition. (ii) To issue a writ order or direction in the nature of mandamus commanding thereby directing the respondent not to acquire the land of the petitioner and mention in Chart at para no-05 under the notification publish in Dainik Jagran dated-27.03.2025 30.09.2025 without taking petitioners consent and taking due process of law under RECTLARR Act 2013." 3. It has been contended on behalf of the petitioners that till date, notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein-after referred to as "Act, 2013") has not been issued. It has further been contended that unless the notification under Section 11(1) of the Act, 2013 is issued, the powers contemplated under Section 11(4) of the Act, 2013 cannot be exercised. Versus Counsel for Petitioner(s) : Nitin Kumar Mishra Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Sudhir Kumar And 13 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Housing And Urban Planning Lko. And 4 Others .....Respondent(s) 4. It has been argued that without there being any power, the Additional Secretary, Lucknow Development Authority, Lucknow had directed the Sub-Registrar, Tehsil- Bakhshi Ka Talab, Lucknow not to register any sale deed executed by the land owners of certain villages. It has been vehemently argued that the impugned order/letter dated 3rd October, 2025 issued by the Lucknow Development Authority is without jurisdiction and no such power is available with the said authority unless a notification under Section 11(1) of the Act, 2013 is issued. 5. Learned Standing Counsel and learned counsel appearing for the Lucknow Development Authority have fairly submitted that the notification under Section 11(1) of the Act, 2013 has not been issued yet. They also could not justify as to under what authority of law, the impugned order in this writ petition has been issued by the Lucknow Development Authority. 6. In light of the aforesaid facts and circumstances, we hereby allow this writ petition and quash the order dated 03.10.2025 contained in Annexure No.1 to the writ petition. 7. Consequences to follow. December 2, 2025 Ashutosh WRIC No. 11576 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench