SHRIRAM PUBLIC SCHOOL THRU.MANAGER SUDHANSHU DUTT DWIVEDI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT.OF HOUSING AND URBAN PLANNING LKO. AND 2 OTHERS
WRIC/10675/2025 · 2025-11-04
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175673 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175673 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10675 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 Opposite party nos.2 and 3. 2. This petition has been filed by the petitioner for the following prayers:-
" I. To issue a writ, order or direction in the nature of Certiorari, quashing the impugned Demand letter dated 28.06.2024 issued by Opposite party no.3 as contained in Annexure No.1 to this writ petition. II. To issue, a writ, order or direction in the nature of Mandamus, commanding the Opposite parties to issue a revised allotment letter in favour of the petitioner for the land admeasuring 1216.82 (One thousand two hundred sixteen point eighty-two) square meters, at the old institutional rates, i.e. the same rates at which 406.0 (Four hundred and six) square meters of land was earlier allotted to the petitioner. III. To direct the Opposite party no.1, Lucknow to consider and decide the petitioner's pending Representation dated 29.08.2024 expeditiously within a Versus Counsel for Petitioner(s) : Abhishek Tiwari, Suyagya Pandey, Swarnim Tiwari, Varun Singh Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Shriram Public School Thru.Manager Sudhanshu Dutt Dwivedi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt.Of Housing And Urban Planning Lko. And 2 Others .....Respondent(s)
time bound period to be fixed by this Hon'ble Court, and further direct that until such decision is taken, no coercive action of any kind shall be initiated or taken against the petitioner, in the interest of justice. IV. Issue any other order or direction as this Hon'ble Court may deem fit, just and proper in the circumstances of the case in favour of the petitioner. V. Allow the petition with cost."
3. It has been submitted by the learned counsel for the petitioner that the petitioner's school is currently running at Farrukhabad, its Manager had applied for allotment of 2000 Sq.meters of land in Gomti Nagar, Lucknow, for establishment of a Nursery School. Such allotment was made on 05.10.1999. Later on, on 29.01.2000 the 406 Sq.meters of land was available. The petitioner conditionally accepted such offer of allotment of 406 Sq.meters plot.
This 406 Sq.meters plot was handed over to the petitioner on 28.02.2002. The petitioner applied on 10.07.2002 to the District Basic Education Officer, Lucknow, for recognition for Primary Level School. It was informed that the minimum requirement for running a Primary Level School is 500 Sq.meters. Thereafter, the Manager of the School repeatedly sent Representations to the various Authorities of the Lucknow Development Authority (LDA) seeking allotment of adjustment vacant land, such application was not heeding. On 27.04.2013, Lease Deed of 406 Sq.meters was executed by the LDA. The petitioner made an Online application for passing of Building Map which was rejected by the Assistant Engineer on 21.02.2015 due to discrepancy in measurements. The petitioner came to know that there was several vacant pieces of land available for allotment. On the basis of an advertisement issued by the LDA and therefore made several Representations to the LDA for allotment of land, he even approached the Yachika Samiti of U.P. Legislative Assembly for allotment of land for Nursery School. In compliance of directions issued by the Yachika Samiti, a letter dated 01.03.2024 has been issued to the petitioner for allotment of 1216.82 sq.meters of land at Current /Prevailing rates. The allotment letter has been approved by the Vice Chairman, LDA, and thereafter include Demand Letter has WRIC No. 10675 of 2025 2
been issued on 28.06.2024 asking the petitioner to deposit the Amount/ Sale Consideration for 1216.82 sq.meters of land at current rates. 4. Hence, this petition has been filed with the aforesaid prayers. 5. Shri Ratnesh Chandra has taken a preliminary objection regarding maintainability of the petition on the ground that the petitioner has failed to indicate any subsisting legal right for issuance of a Mandamus as prayed for. 6.
It has been submitted that allotment has been made on 29.05.2024 and, therefore, the rates prevalent on 29.05.2024 for land in Gomti Nagar, Lucknow, shall apply in the case of the petitioner only making of repeated Representations to the Authorities for allotment of additional land does not create any right in favour of the petitioner. The petitioner, at this stage, says that his Prayer no.3 which is a prayer in the alternative may be granted and his Representation dated 29.08.2024 be directed to be decided expeditiously. 7. This petition is finally disposed of with a direction to the Vice Chairman, LDA, to decide the Representation of the petitioner dated 29.08.2024, strictly in accordance with law, within a period of eight weeks from the date a certified copy of this order is produced before him. 8. Such order shall be a reasoned and speaking order and shall be issued after giving opportunity of hearing to the petitioner. 9. It is clarified that this Court has not entered into the merits of the case as mentioned in the writ petition. November 4, 2025 N.PAL WRIC No. 10675 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench