SHIV KUMAR AND 7 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. URBAN DEPTT. LKO. AND 5 OTHERS
WRIC/10479/2025 · 2025-11-10
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197928 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197928 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10479 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel for the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners have made following main prayer(s):
"(i) Issue a writ, order or direction in the nature of mandamus commanding opposite party No.4 to take decision upon the application dated 8.5.2025 and pay compensation to the petitioners in respect of Gata 36 Sha, 97, 108, 284, 285, 299) situated in Village Nayagaon Vijayipur, Tehsil-Sadar, District Lucknow. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 to make an inquiry with respect to the forged entry made in the khatauni for the fasli years 1380 to 1382 and 1383 to 1388 fasli khatuni of village Village Nayagaon Vijayipur, Tehsil-Sadar, District Lucknow and the same is to be corrected in accordance with law."
3. Learned Standing Counsel appearing for the State respondent no. 1, 3, 4, 5, 6 submits that payment of compensation with regard to Gata Nos. 97 and 299 has been made to Shankar Puri Grih Nirman Samiti. He further submits that with regard to other gata numbers being Gata Nos. 36 Sha, Versus Counsel for Petitioner(s) : Amit Kumar Singh Counsel for Respondent(s) : C.S.C., Ratnesh Chandra, Shobhit Mohan Shukla Shiv Kumar And 7 Others .....Petitioner(s) State Of U.P. Thru. Its Addl. Chief Secy. Urban Deptt. Lko. And 5 Others .....Respondent(s)
108, 284 and 285, no compensation has been paid. He also submits that these gata numbers are in the name of one Vivek Punwani S/o Govind Punwani, 5 Mall Avenue Road, Lucknow and not in the name of the petitioners. 4. Learned counsel for the petitioner submits that the petitioners have filed a suit for permanent injunction for non interference in their possession with respect of above five gata numbers, but have not obtained any injunction in the said matter. 5. Upon a perusal of the materials annexed to the writ petition, we are of the view that in the present matter unless the petitioners can show their title with regard to above gata numbers, no compensation can be paid to the petitioners.
For the said purpose, the petitioners are required to file a declaratory suit, wherein the Lucknow Development Authority should also be made a party along with the person, in whose name the said gata numbers are shown in the khataunis. 6. With the above observations, the writ petition is disposed of with liberty granted to the petitioners to proceed before the trial court in accordance with law. November 10, 2025 Anupam S/- WRIC No. 10479 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench