HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11109 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioners, learned Standing Counsel, who appears on behalf of the State-Respondents and Shri Ratnesh Chandra, learned counsel for Lucknow Development Authority. This petition has been filed with the following main prayers : "(i) To issue a writ order or direction in the nature of mandamus commanding the opp. party no.2 & 3 to implement the judicial order dated 31.01.2024 passed by the court of Civil Judge (S.D), Lucknow in Regular Suit No.428/2016 connecting with Regular Suit No.615/2016 title as Pioneer Montessori School Vs. Udyan-II Kalyan Samiti & others contained as annexure no. 6 respectively to this writ petition. (ii) To issue a writ order or direction in the nature of mandamus commanding the opp. party no.2 & 3 to provide sufficient police aid for implement the judicial order dated 20.07.2016 and 31.01.2024 passed by the court of Civil Judge (S.D), Lucknow in Regular Suit No.428/2016 connecting with Regular Suit No.615/2016 title as Pioneer Montessori School vs. Udyan-II Kalyan Samiti & Others." It has been submitted by learned counsel for the petitioners that petitioner no.2 is the Manager of petitioner no.1, which is a registered society imparting education to students up to graduation and has several school branches in the cities of Lucknow and Barabanki as well. After allotment of land was made to the petitioner by the Lucknow Development Authority, on the basis of which the layout plan of the colony known as Raksha Khand, Versus Counsel for Petitioner(s) : Dharmendra Gupta, Vivek Kumar Rawat Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Pioneer Montessori School Thru. Its Manager Brajendra Singh And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 11 Others .....Respondent(s) Sharda Nagar Scheme, Lucknow was prepared, the petitioner deposited the entire cost of the school plot admeasuring 3,272.49 square meters and the lease deed was executed in its favour on 16.07.2002. Subsequently, physical possession was handed over to the petitioners. The respondent nos. 6 and 12 are claiming the school land as park land. It has also been submitted that Writ Petition No. 3182 (MB) of 1998, titled Udyan-II Kalyan Samiti vs. Lucknow Development Authority and Others was filed before this Court and was dismissed on 18.04.2014. A Public Interest Litigation was further filed by the residents of Udyan-II Colony, in which the school is situated. The P.I.L. was also dismissed. Thereafter, private persons jointly filed a suit for permanent injunction titled Sharda Chandra Malviya and Others vs. Lucknow Vikas Pradhikaran and Others, registered as Regular Suit No.428 of 2016 before the Court of Civil Judge (Senior Division), Lucknow. Since the residents of Udyan-II Colony were disturbing the peaceful possession of petitioner no.1's school land, petitioner no. 2 filed a suit for permanent injunction titled Pioneer Montessori School vs. Udyan-II Kalyan Samiti and Others, registered as Regular Suit No. 615 of 2016. It has further been submitted that since in Regular Suit No.428 of 2016 and Regular Suit No.615 of 2016, the property and parties were the same, the trial court consolidated both cases by order dated 20.04.2016 before disposing of the applications moved under Order XXXIX Rules 1 and 2 C.P.C. pending in both cases. The interim injunction application of the private respondents was rejected and the application of the petitioners was allowed. Yet the private respondents are interfering in the peaceful possession of the petitioners. The petitioners have submitted several applications along with the orders passed by the trial court, the appellate court as well as the revisional court, but no help is being provided to the petitioners by the State authorities and hence this petition has been filed. Having gone through the prayer clause in the writ petition, we find that the petitioners have a statutory remedy of filing an application before the competent civil court for compliance of its injunction order. The writ petition stands dismissed as not maintainable. November 17, 2025 Mahesh WRIC No. 11109 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench