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Neutral Citation No. - 2025:AHC:67964-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.47) Court No. - 21 Case :- WRIT - C No. - 12268 of 2025 Petitioner :- Deepak Chaudhary Respondent :- State Of Up And 5 Others Counsel for Petitioner :- A.K.Chaudhary Counsel for Respondent :- Bindeshwari Prasad Mishra, Satyendra Narayan Singh,C.S.C.,Dharmendra Singh Chauhan Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner has prayed for a writ of mandamus directing respondent no.2 to stop illegal constructions being raised by respondents no. 4 to 6 over khasra no. 1316, land account no. 40, rakba 0.308 hectare. 2. The case of the petitioner is that he has obtained an agreement to sell from respondent no.6 and one Devendra Kumar, both sons of Shyam Sunder, Gaurav son of Babban, Kumari Chandni, daughter of Late Ashok Kumar, Smt. Gayatri wife of Late Ashok Kumar. It is alleged that respondent no.6 and others have executed fake sale deed in favour of respondents no. 4 and 5 and on the strength of the same, they are carrying out plotting of the land and are raising constructions without having any sanctioned plan. It is also alleged that some civil suit is pending for cancellation of the said sale deed. 3. The petitioner has thus raised two issues, firstly that the sale of the land in favour of respondents no.4 and 5 by respondent no.6 is illegal and secondly that the constructions being raised are without any sanctioned plan. 4. Sri S.N. Singh, learned counsel appearing on behalf of respondents no. 4, 5 and 6 submits that the petitioner is a land mafia and there are various criminal cases registered against him. It is submitted that he has no locus to question the sale in favour of respondents no. 4 and 5. 5. Sri D.S. Chauhan, learned counsel appearing on behalf of respondent- Development Authority states that the Development Authority has already taken cognizance of illegal constructions raised by respondents no.4 and 5 and after due notice to them, a sealing order was passed. He further submits
that the compounding plan submitted by respondents no.4 and 5 was found to be defective and respondents no. 4 and 5 were required to remove the defects. The defects have not been removed so far. 6. The issue relating to the right of the petitioner in the subject land and that of respondents no.
4 and 5 is a private dispute between them and it is open to the parties to seek appropriate remedy in that regard. 7. As regard the alleged illegal constructions, the Development Authority has already initiated proceedings. 8. Therefore, we are of the opinion that no further direction is required to be issued in the instant case. 9. Disposed of. Order Date :- 30.4.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad