WRIC/11047/2025 of HOLI Vs STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 5 OTHERS on 14 November 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11047 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Vakalatnama filed by Sri Vishal Kumar Upadhyay, Advocate on behalf of Nagar Nigam Lucknow is taken on record. We have heard learned counsel for the petitioner, learned Standing Counsel for the State and learned counsel for Nagar Nigam Lucknow. This writ petition has been filed by the petitioner for the following prayers :-

(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned notice dated 10.07.2025 passed by the opposite party no.6 contained in Annexure No.1 to this writ petition, in the interest of justice.

(ii) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties not to dispossess the petitioner or inerfere in the peaceful possession of the petitioner over the land Gata No.559 area 0.6684 hectare situated at Village Mohammadpur Majra, Tehsil Bakshi Ka Talab, District Lucknow without following the due procedure and during the pendency of Regular Suit No1538 of 2025 "Holi Versus Prabhari Adhikari Sampatti, Nagar Nigam, Zone, Lucknow" in the interest of justice. We have gone through the impugned notice. It is the show cause notice issued by the Officer Incharge of Property, Nagar Nigam, Lucknow, on 10.07.2025 to the petitioner to show documentary evidence within 15 days by approaching the office of the Officer Versus Counsel for Petitioner(s) : Vivek Kumar Mishra, Girish Kumar Tiwari, Manoj Kumar Counsel for Respondent(s) : C.S.C., Namit Sharma Holi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 5 Others .....Respondent(s)

Incharge of Property, Nagar Nigam, Lucknow, at the Nagar Nigam Headquarter, any documentary evidence he possesses of ownership of land which apparently belongs to Nagar Nigam, Lucknow, being recorded in the revenue record as Naveen Pati for the Gram Sabha which merged in the Nagar Nigam, Lucknow. The show cause notices ordinarily are not being interfered in writ jurisdiction unless the litigant establishes that such show cause notice has been issued without jurisdiction or with malicious intent. We find no such allegation made in the writ petition. The writ petition is dismissed as not maintainable, leaving it open for the petitioner to approach the office of respondent no.6 along with documentary evidence with regard to his ownership of the land on which he is raising construction. November 14, 2025 Ashish Dewal WRIC No. 11047 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench