Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 203175 (ALL)

RAJ NARAYAN PANDEY AND 9 OTHERS v. STATE OF U.P. THRU. SECY. HOUSING AND URBAN PLANIINIG LKO. AND 3 OTHERS

WRIC/6027/2025 · 2025-12-11

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 6027 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, Shri Ratnesh Chandra, learned counsel, who appears on behalf of respondent Nos.2 to 4- U.P. Awas Evam Vikas Parishad and learned Standing Counsel, who appears on behalf of State-respondent No.1. 2. This petition has been filed by the petitioners with the following prayers :- "I. To issue a writ order or direction in the nature of mandamus commanding and directing the respondent No.1 to decide the appeal on merit submitted by the petitioners under Section 32(3) of the Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965 by ignoring the delay, in the interest of justice. II. To issue a writ order or direction in the nature of mandamus commanding the concerned respondents not to proceed by passing Award in respect of Gata No.324 situated at Village- Kurha Keshavpur Uparahar, Tehsil- Sadar, District Ayodhya during pendency of Appeal under Section 32(3) of the Act in the interest of justice. III. To issue a writ order or direction in the nature of mandamus commanding the concerned respondents not to interfere in the peaceful possession of the petitioners over the Abadi Gata no.324 of village Kurha Keshawpur uparhar, Pargana Haveli Awadh, Tehsil Sadar, District Ayodhya, in the interest of justice. IV. To issue a writ, order or direction in any nature which this Hon'ble Court may deem, fit just and proper under the circumstances of the case, so as to protect the rights and interests of the petitioners. Versus Counsel for Petitioner(s) : Niteesh Kumar Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Raj Narayan Pandey And 9 Others .....Petitioner(s) State Of U.P. Thru. Secy. Housing And Urban Planiinig Lko. And 3 Others .....Respondent(s) V. Award the cost of the writ petition in favour of the petitioners." 3. The main prayer in the writ petition, when it was filed in June 2025, was for a direction to be issued to respondent No.1 to decide the appeal on merits, which the petitioners had submitted under Section 32(3) of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as "Adhiniyam, 1965") and for a direction to the respondents not to proceed or pass the Award in respect of Gata No.324 situated in Village Kurha, Keshawpur Uparahar, Pargana Haveli Awadh, Tehsil Sadar, District Ayodhya, during the pendency of such appeal. 4. Shri Ratnesh Chandra, learned counsel for the U.P. Awas Evam Vikas Parishad, on the basis of instructions dated 10.07.2025, has pointed out that the declaration under Section 32 of the Adhiniyam, 1965 was made on 21.09.2024. However, he has admitted that till date no Award has been passed by the Special Land Officer/competent authority, although all necessary documents had been sent by the Awas Vikas Parishad to him on 10.12.2024. The Award is awaited. 5. The petitioners pray that a direction be issued to respondent No.1 to decide the pending appeal of the petitioners on merits. 6. Shri Ratnesh Chandra has argued that there is a limitation of 30 days for filing the appeal, which has not been adhered to by the petitioners. 7. We find that the petitioners are semi-literate tenure-holders and not very cognizant of the niceties of law and procedure. We, therefore, direct the petitioners to move an appropriate application for condontion of delay before the respondent No.1 in the pending appeal. Respondent No.1 shall consider the case of the petitioners and pass appropriate orders thereon in accordance with law as expeditiously as possible. 8. The writ petition is disposed of. December 11, 2025 Shubhankar WRIC No. 6027 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench