Neutral Citation No. - 2025:AHC:124732-DB Court No. - 29 Case :- WRIT - C No. - 24332 of 2025 Petitioner :- Ashok Kumar Dave Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- C.S.C.,Yash Padia Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State respondents, and learned counsel for Kanpur Development Authority. 2. The instant writ petition is preferred with the prayer to quash the communication dated 24.06.2025 issued by the Executive Engineer (Zone 4), Kanpur Development Authority, Kanpur addressed to the Station House Officer, Naubasta, Kanpur Nagar to lodge FIR against the petitioner for carrying out business over the illegal shops made over Plot no.12B/1204, Block Y, Kidwai Nagar, Kanpur Nagar. It is further prayed to command the respondents not to demolish/any illegal action upon the shop of the petitioner's Plot No.128/1204 situated at Y Block, Kidwai Nagar, Kanpur Nagar. 3. Petitioner claims right, title, and interest over plot no.128/1204 situated at Y Block, Kidwai Nagar, Kanpur Nagar, on the basis of the judgement and decree dated 28.05.1996 passed by ACMM-6 in Suit No.273 of 1989 (Ashok Kumar Singh vs. Kanpur Development Authority). The said decree was passed ex-parte against the Kanpur Development Authority. In the said suit proceeding, it was claimed that the then Zamindar, Smt. Shiva Rani had executed a lease in favour of the predecessor-in-interest of the petitioner on 28.12.1942. Later on, the plaintiff-father of the petitioner had raised some temporary construction over the disputed land. 4. Learned counsel for the petitioner submits that the judgement and decree dated 28.05.1996 had attained finality. At no point of time, the Kanpur Development Authority (in short 'KDA') had preferred any appeal against said decree, and in an arbitrary manner, the KDA had issued notice under Section 26A(4) dated 21.06.2025 and tried to circumvent the judgement and decree passed by the competent civil court, wherein, injunction was accorded. 5. Learned counsel for the KDA resisted the relief on two-fold submissions. Firstly, the impugned notice is fully sustainable, and a huge chunk of land had been acquired by the Authority through an Award No.622, and the same was also gazetted on 05.03.1938. He submits that as the land was acquired, the same was vested in the State, free from all encumbrances. The alleged decree was also ex-parte, and in case the petitioner has a valuable right in the property, the appropriate remedy is to file an execution case. Secondly, against the impugned notice, the petitioner also has an efficacious remedy to press the relief under the Act 1973. Lastly, he contended that the KDA claims absolute right/title on the basis of an award, and the disputed facts cannot be agitated in the writ jurisdiction. 6. Having heard the rival submission and perused the record. Heavy reliance has been placed upon judgement and decree dated 28.05.1996, which is not executable in the writ jurisdiction. Contrarily, the KDA had also set up a case that for the planned development, the predecessor-in-interest of KDA had acquired land way back in the year 1938, the entire development had already been carried out, and admittedly, the land falls in the territorial jurisdiction of KDA. Nothing is brought on record to substantiate that the KDA or its predecessor-in-interest had ever accorded any such permission to the petitioner for raising construction. Even for the sake of argument, it is accepted that the petitioner has an absolute right/title over the land; in such a situation, no construction can be carried out except in accordance with the law. In the absence of any such pleading, we are unable to adjudicate the instant matter on account of disputed facts. However, it is open for the petitioner to invoke the remedy as contemplated in law. 7. The writ petition is disposed of. Order Date :- 28.7.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad