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2025 DAILYLAW 184112 (ALL)

M/S UNISTONE PANELS PVT. LTD. THRU. ITS LEGAL EXECUTIVE BHARAT SHARMA v. LUCKNOW DEVELOPMENT AUTHORITY THRU. ITS VICE CHAIRMAN LKO. AND ANOTHER

WRIC/10639/2025 · 2025-11-03

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10639 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Vakalatnama filed by Shri Manish Mishra, Advocate on behalf of respondent no.1 is taken on record. Heard learned counsel for the petitioner and Shri Manish Mishra, learned counsel for L.D.A. This petition has been filed by the petitioner with the following main prayer : "Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to de-sealed the premises of Plot No.68, Ambedkar Nagar, Aishbagh, Lucknow which was sealed by the Lucknow Development Authority and permit the petitioner for shifting the materials of petitioner's company from Godown." Shri Manish Mishra, learned counsel for the L.D.A. has produced before this Court the instructions relating to the case sent by the L.D.A., from which it is evident that initially the alleged leaseholders of Plot No. 68 had filed Writ- C No. 9599 of 2025 before this Court, wherein this Court, while dismissing the writ petition vide order dated 25.09.2025, had upheld the L.D.A.'s action in cancelling the lease deed and exercising its right of re-entry. Respondent No. 2, Rama Metal Industries had claimed that it was still manufacturing aluminum utensils and the godowns were being used for storage of such utensils and for keeping machinery involved in the Versus Counsel for Petitioner(s) : Padam Kant Mishra Counsel for Respondent(s) : Ratnesh Chandra M/S Unistone Panels Pvt. Ltd. Thru. Its Legal Executive Bharat Sharma .....Petitioner(s) Lucknow Development Authority Thru. Its Vice Chairman Lko. And Another .....Respondent(s) manufacture of aluminum utensils. The Court had directed the learned Additional Chief Standing Counsel for the State of U.P. to conduct a commission and to file a commission report before this Court. Thereafter, the Court examined the commission report, wherein it was found that in one of the godowns aluminum panels were stored, which were used for partitions and for making doors. The owners of Rama Metal Industries had stated that such aluminum panels belonged to them, as they had set up another company for distribution of such panels and the aluminum utensils manufacturing business had become a loss-making venture. Learned counsel for the L.D.A. has further pointed out paragraph no. 7 of this Court's order dated 25.09.2025, wherein, on inspection of Room No. 3/godown, approximately 5000 square feet in size, it was found that the same was being used as a warehouse for storing Premium Aluminum Composite Panels. Upon inquiry, it was informed by the writ petitioner therein that the said panels were procured from Raipur and subsequently sold in the market and these panels were used for manufacturing aluminum doors and walls. The petitioner had also clarified that he was not engaged in the manufacturing of such panels; rather, the panels were used solely for trading purposes. There were two office cabins inside the said Hall No. 3, which were being utilized by the petitioner for sale and purchase transactions relating to Premium Aluminum Composite Panels. It has been argued, on the basis of the commission report which has been dealt with by this Court in its judgment dated 25.09.2025, that Amogh Mehrotra, owner of Rama Metal Industries, respondent no. 2, had not stated that he had let out Hall No. 3 to the petitioner therein. He had said that the business of Premium Aluminum Composite Panels was being run by them. It is a disputed question of fact whether the petitioner was a sub-lessee of Amogh Mehrotra/Rama Metal Industries. After the judgment rendered by this Court, several persons have filed applications before the L.D.A., claiming that the godowns existing on Plot No. 68 had been sublet to them by the owner of Rama Metal Industries and the details of such applicants have been mentioned in the said instructions. The Committee has made a recommendation regarding the necessity of verification of the documents submitted by the applicants/sub-tenants and then taking an appropriate decision in the matter. The process of verification is ongoing. WRIC No. 10639 of 2025 2 This petition is disposed of with a direction to the competent authority to pass a reasoned and speaking order, after due verification of the documents produced by the applicant/petitioner, within a period of three weeks from the date a copy of this order is produced before him. November 3, 2025 Mahesh WRIC No. 10639 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench