HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10172 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel, who appears on behalf of State-respondent No.1 and Shri Gaurav Tripathi, learned counsel, who has filed his Vakalatnama on behalf of respondent No.2- Lucknow Development Authority, which is taken on record. 2. For the orders proposed to be passed, issuance of notice to respondent Nos.3 and 4 is dispensed with. 3. This petition has been filed with the following prayers : "(i) Issue a writ order or direction in the nature of certiorari quashing the Site Plan of Plot A-1 situated part of Khasra No.321 situated at Lavanya Enclave, Aurangabad Jageer, Tehsil Sarojni Nagar (Near Mansarovar Yojna, Shaheed Path), Lucknow (U.P.), contained as Annexure No.1 to 5 to this writ petition. (ii) Issue, writ order or direction in the nature of mandamus commanding the opposite party No.4 to stop the constructions whose Map plan is passed by the opposite party no.2 (Lucknow Development Authority), District- Lucknow, contained as Annexure No.1 to 5 to this writ petition. (iii) Issue, writ order or direction in the nature of mandamus commanding the opposite parties No.2 to perform their Statutory duty and decide the representation dated 19.07.2025 and stop the illegal constructions whose Map plan is passed by the opposite party No.2 (Lucknow Development Authority) itself District- Lucknow, contained as Annexure No.1 to 5 to this writ petition. (iv) Issue any other writ order or direction which this Hon'ble Court may deem just Versus Counsel for Petitioner(s) : Ashish Srivastava, Sakshi Srivastava Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Akansha Verma And Another .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And 3 Others .....Respondent(s) and proper in the circumstances of the case." 4. It has been submitted by learned counsel for the petitioners that the petitioner Nos.1 and 2, who are husband and wife and joint owners of Plot No.B-16, have constructed their house after purchasing the said plot from respondent No.3, i.e., Shaurya Constructions. Their sale deed is duly registered on 18.10.2023 in the office of Sub Registrar, Sarojni Nagar, Lucknow. Respondent No.3 represented to the petitioners at the time of selling of said plot that the layout plan had been prepared as per L.D.A. norms and the petitioners, before constructing their house, also got their building plan sanctioned. They were told by the respondent No.3 that Plot No.B-16 is situated at the end of the road and that there would be no construction beyond that plot on the road. However, respondent No.3 has sold Plot No.A-1 to respondent No.4 and the respondent No.4 is now constructing a large building over it, which will affect the light and other easementary rights of the petitioners. The petitioners have filed repeated representations to all authorities, including the L.D.A. The latest such representation is annexed at page No.33 of the paper book, dated 19.07.2025. Construction is being carried out continuously by respondent No.4 and the petitioners' representation has remained unaddressed. Therefore, this petition has been filed with the aforesaid prayers. 5. We find that if there is any breach of the terms of agreement between the petitioners and respondent No.3, the petitioners have an appropriate remedy before the civil court. In case the petitioners are aggrieved by their easementary rights being affected by respondent No.3, the appropriate remedy again lies before the civil court. 6. The writ petition is disposed of accordingly. October 16, 2025 Shubhankar WRIC No. 10172 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench