M/S SILK WEAVERS COLONY COOPERATIVE SOCIETY LIMITED AND ANOTHER v. STATE OF UTTAR PRADESH AND 7 OTHERS
WRIC/23344/2025 · 2025-07-20
Kshitij Shailendra, Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74777 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74777 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:117890-DB Court No. - 40 Case :- WRIT - C No. - 23344 of 2025 Petitioner :- M/S Silk Weavers Colony Cooperative Society Limited And Another Respondent :- State Of Uttar Pradesh And 7 Others Counsel for Petitioner :- Pankaj Kumar Tiwari Counsel for Respondent :- C.S.C.,Vineet Sankalp Hon'ble Saral Srivastava,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Vineet Sankalp, learned counsel for respondent no.8. 2. The present writ petition has been filed praying for a writ of mandamus commanding the respondent no.8 i.e. Nagar Nigam Sigra, Varanasi or any other opposite party not to make any allotment of park area of the petitioners showing by red dotted lines in the site plan annexed to the writ petition. 3. Learned counsel for the petitioners submits that pursuant to an agreement of the year 1963 the aforesaid park has fallen in the title and possession of the petitioners' Society, however, the Nagar Nigam is bent upon to allot the same to third party, therefore, the present writ petition has been filed. 4. During course of arguments, learned counsel for the petitioners submits that the aforesaid agreement of the year 1963 has been cancelled, against which the petitioners have filed Writ-C No.12751 of 2014 before the Lucknow Bench of this Court which is pending. It is further urged that arising out of another cause of action, a Writ-C No.6253 of 2025 was filed by the petitioners'
Society before the Lucknow Bench which has already been dismissed on 02.07.2025. 5. Certain applications filed by the petitioners' Society before the respondent-authority reflect that under the garb of the pendency of the writ petition of 2014 before Lucknow Bench, a prayer is being made to restrain allotment or creation of third party rights in relation to the property in dispute. 6. Having heard learned counsel for the parties, this Court is not inclined to accept the plea of any rights, based upon the agreement of 1963 in favour of the petitioners, particularly when it is the admitted case of the petitioners themselves that the agreement has already been cancelled in the year 2014. 7. In view thereof coupled with the fact that raising identical or similar relief, proceedings are pending before the Lucknow Bench of this Court, we are not inclined to entertain present writ petition. 8.
The writ petition is accordingly dismissed with liberty to the petitioners to take recourse to proceedings in accordance with law. Order Date :- 21.7.2025 Mohit (Kshitij Shailendra,J.) (Saral Srivastava,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad