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2025 DAILYLAW 97769 (ALL)

VIKRAM KHANNA v. STATE OF U.P. AND 4 OTHERS

WRIC/32710/2025 · 2025-09-16

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32710 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 & 2 and Sri Ravi Prakash Pandey, learned counsel for the respondent nos.3 & 4. 2. The petitioner by means of the present writ petition has prayed for the following relief:- " a) Issue a writ, order or direction in the nature of certiorari calling for the records and quashing any order that has been passed by the competent authority of Nagar Nigam rejecting the application of petitioner for grant of 'No Objection Certificate' in pursuance of the letter dated 23.08.2024 issued by the Varanasi Development Authority in respect of property bearing House No B21/120 Araji No.44 & 45/2 Baijnath Temple, Kamachha, Ward Bhelupur, Varanasi; b) Issue a writ order or direction in the nature of mandamus commanding upon the respondent-Nagar Nigam Authority, Varanasi to grant 'No- Objection Certificate' to the petitioner in respect of property bearing House No.B21/120 Araji No.44 & 45/2 Baijnath Temple, Kamachha, Ward Bhelupur, Varanasi, in case the same has not been rejected by means of any order as stated in prayer (a), above; c) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. Versus Counsel for Petitioner(s) : Akshay Pratap, Chandan Sharma, Rahul Yadav Counsel for Respondent(s) : C.S.C., Ravi Prakash Pandey, Vineet Sankalp Vikram Khanna .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) d) Award cost of the petition to the petitioner." 3. The petitioner has earlier approached this Court by means of filing Writ-C No.11687 of 2025 which was dismissed by this Court by judgement and order dated 22.05.2025, copy of which is enclosed as Annexure-10 (at page- 92) of the writ petition. 4. It is not disputed that the petitioner has earlier filed Writ-C No.11687 of 2025 for the same cause of action seeking same relief, but it is submitted that because of the fraud played by the respondent Nagar Nigam by making a false statement, the present writ petition is maintainable as the fraud vitiates everything. 5. If it is so, the petitioner has remedy of filing appropriate recall application/review application for recalling the order dated 22.05.23025 passed in Writ-C No.11687 of 2025, which can very well be looked into by the Court. 6. Therefore, we do not find any merit in the present petition on the ground that successive petition for the same relief is not maintainable as the petitioner has a remedy of filing a recall/review application bringing on record the true facts in Writ-C No.11687 of 2025. 5. Accordingly, the present petition is dismissed with the aforesaid liberty. September 17, 2025 NS WRIC No. 32710 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad