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2025 DAILYLAW 180441 (ALL)

MANISH KUMAR MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOUSING AND URBAN PLANNING LKO. AND 4 OTHERS

WRIC/10555/2025 · 2025-10-30

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10555 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned Counsel for the petitioner, learned Standing Counsel appearing on behalf of the State Respondents and Sri Ratnesh Chandra, learned Counsel representing the Lucknow Development Authority. 2. This petition has been filed with the following main prayer:- "A writ, order or direction in the nature of CERTIORARI thereby quashing the E-auction proceeding initiated by the Opp-party no.2 and 3 in respect of House No. 1/275, type- C, situated at Vinamra Khand Gomti Nagar Lucknow (AUCTION ID:51246), photocopy of which is contained as Page -42 of the writ petition as a part of Annexure No.1 to this writ petition, in the interest of justice." 3. Learned Counsel for the petitioner says that the petitioner has already filed a Regular Suit No.279 of 2023: Manish Kumar Mishra Vs. HariBahadur Singh and others, wherein an ad-interim injunction has been granted by the Court of Additional Civil Judge (Senior Division), Court No.20, Lucknow on 01.02.2024 restraining the defendants from illegally taking possession of the property in dispute and from selling the property in dispute till final disposal of the case. The Court has fixed Versus Counsel for Petitioner(s) : Yogendra Nath Srivastava, Gyanendra Nath Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Manish Kumar Mishra .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Housing And Urban Planning Lko. And 4 Others .....Respondent(s) further dates in the matter. The petitioner has also moved an application under Order XXXIX Rule 2A alleging the defendants of violation of the interim injunction. The Court has fixed the matter on 07.11.2025 after issuing notice to the defendants on the said application. However, the defendants, the respondent nos.2 and 3 are proceeding to auction the property by way of e-auction on 31.10.2025. Hence this petition has been filed. 4. This petition is disposed of with a direction to the respondent nos.2 and 3 not to auction the property in question till the temporary injunction dated 01.02.2024 is operative against them or till it is modified by the Court concerned. October 30, 2025 Rahul WRIC No. 10555 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench