PRAKASH CHAND AND 68 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/15234/2025 · 2025-05-14
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57277 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57277 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79709-DB Court No. - 21 Case :- WRIT - C No. - 15234 of 2025 Petitioner :- Prakash Chand And 68 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Pandey Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The following prayer has been made in the writ petition: -
"Issue a writ, order or direction in the nature of mandamus directing the respondents concerned to make the allotment of 10% residential plot in development area under the strength of the Full Bench judgment of this Hon'ble Court passed in the case of Gajraj vs. State of U.P. and others 2011 (11) ADJ 1".
2. Ms Anjali Upadhya, learned counsel for the respondent Development Authority, submits that each petitioner has individual cause of action and it is not possible in the present petition to ascertain the claim of each one of them. She further submits that the notification by which the lands of the petitioners was acquired was not subject matter of consideration by Full Bench of this Court in Gajraj vs. State of U.P. and Others; 2011 (11) ADJ 1 and therefore the claim for allotment of 10% developed land would not be sustainable.
3. Concededly, the claim of each petitioner is based on individual cause of action and in the instant joint petition, it would not be possible for this court to examine different claims, which would involve ascertainment of facts relevant to each of the petitioners.
4. The writ petition is bad for non-joinder of causes of action. It is dismissed with liberty to each petitioner to file individual writ petition, if so advised. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 15.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad