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2025 DAILYLAW 174209 (ALL)

SUMESH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND 4 OTHERS

/12115/2025 · 2025-12-12

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12115 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel, who appears on behalf of the State, Respondent no.1 and Shri Ratnesh Chandra, who appears on behalf of the Respondent nos.2, 3 and 4. 2. This petition has been filed by the petitioner with the following prayers:- "i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondents specially Respondent nos.2 to 4 to cancel the Map of the Respondent no.5 dated 17.06.2025 File No.LDA/ BP/24-25/ 1085, contained as Annexure No.1 to this writ petition, in the interest of justice. ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondent no.2 to consider and take appropriate decision upon application of the petitioner dated 08.09.2025 which pending before him as expeditiously as possible or within a period as stipulated by this Hon'ble Court contained as Annexure No.15 to this writ petition, in the interest of justice.. iii) Any other order, which this Hon'ble Court may deem fit and proper Versus Counsel for Petitioner(s) : Manoj Kumar Mishra, Akansha Pathak, Piyush Tripathi Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Sumesh Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 4 Others .....Respondent(s) under the circumstances of the case, also be passed in favour of the petitioners." 3. The counsel for the petitioner says that the petitioner is the complainant and a Civil Suit is pending with regard to the same property in which the petitioner is the plaintiff and the Respondent no.5, Mohd. Javed, is a defendant, who has purchased the property from the original tenure holder who was also arrayed as Defendant in the said Suit. 4. It has been submitted that the Notice has been issued to the Respondent no.5 on 05.08.2025 regarding the proposal to cancel the Building Map sanctioned in favour of the Respondent no.5 as it has been obtained by misrepresentation. Till date, Final order has not been passed on such notice dated 05.08.2025. 5. Shri Ratnesh Chandra, on the basis of written instructions says that even Yesterday a hearing took place, the orders have been reserved and they will be passed soon. 6. This petition is disposed of with a direction to the Respondent no.2- Vice Chairman, LDA, to ensure that the proceedings initiated against the Respondent no.5 are concluded, as expeditiously as possible, say within a period six weeks from the date a certified copy of this order is produced before him. December 12, 2025 N.PAL WRIC No. 12115 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench