HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10308 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel representing the State-respondents No.1 to 3 and Shri K.K. Pandey, learned counsel for respondent Nos.4, 5. 2. This petition has been filed with the following prayers:- "(i) Issue a writ order or direction in the nature of mandamus commanding the opp. parties not to interfere in to the peaceful possession use and occupation of the petitioner in the construction of hotel building over the Land area 1760.70 sq. mtr. part of land Khasra No.295 village Behsa, Kanpur Road, Ward-Raja Bijli Pasi, Tehsil & District Lucknow (now within the limit of tehsil Sarojani Nagar, Lucknow) having purchased the same by the petitioners. (ii) To issue writ order or direction in the nature of mandamus commanding the directing in opp. Parties to accept the demarcation proceeding conducted by Electronic Total Machine dated 24.07.2025 contained as Annexure No.2 and 23 of the writ petition. (iii) Issue any other writ order or direction as may be deemed appropriate in the circumstances of the case. (iv) Award, cost of writ in favour of petitioner." 3. We had passed an order on the earlier occasion asking the learned counsel appearing for the Nagar Nigam to seek specific instructions with regard to Versus Counsel for Petitioner(s) : Dharmendra Gupta, Suresh Kumar Tiwari Counsel for Respondent(s) : C.S.C., Krishna Kumar Pandey, Namit Sharma Fawad Khalil Ahmad Al Saigh And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Urban Development Lko. And 4 Others .....Respondent(s) Annexure-23 to the writ petition, which is an electronic total station survey report submitted on 26.07.2025 indicating therein that the petitioner was not constructing the hotel over Gata No.299/2, which belongs to Nagar Nigam and that the hotel was being constructed on Gata Nos.273, 295, 296 and 297 of village Behsa. 4. Shri K.K. Pandey, on the basis of instructions sent to him by Lekhpal, Nagar Nigam dated 27.10.2025 states that although Nagar Nigam land is not being affected by construction of the hotel by the petitioners, land of private tenure-holders not bought by the petitioners is being affected, i.e., Gata Nos.273, 296 and 297 of village Behsa. Shri K.K. Pandey, has also pointed out Annexure-13 to the writ petition, which is a building map sanctioned for the hotel by the Lucknow Development Authority (LDA) from which it is evident that the map was sanctioned on 01.10.2019 for a period of 5 years, valid till 30.09.2024 for Khasra No.295, Village Behsa, Ward Raja Bijli Pasi, Lucknow in favour of Mr. Fawad Khalil Ahmad and Mr. Akil Khalil Ahmad. 5. Learned counsel for the petitioners states that this writ petition be disposed of with a direction to the petitioners to make construction only on Gata No.295. The petitioners restrict their prayer only for permission to make construction on Gata No.295. 6. This petition is disposed of with a direction to the petitioners to make construction of their hotel only on Gata No.295 of village Behsa for which building plan has been sanctioned by the LDA. 7. The Lekhpal, Nagar Nigam shall inform the Secretary, LDA of the order passed today. November 20, 2025 Shubhankar WRIC No. 10308 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench