WRIC/10948/2025 of MANSAROVAR MUSLIM WELFARE SOCIETY (REGD.),THRU. SECY. ABDUL QUDDOOS HASHMI Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND 3 OTHERS on 12 November 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10948 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. We have heard learned counsel for the petitioner, learned counsel appearing on behalf of State - respondents and Shri Pankaj Patel, learned counsel who has filed his power on behalf of opposite parties no.2 and 3 which is taken on record. This petition has been filed with the following prayers :- "(i) issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties no.2 to 4 to execute the sale deed in favour of the petitioner society at the earliest and hand over the actual physical possession of the land viz. Plot No. M-BREL, area 678.84 square meter situate in Sector -M, Ashiyana, Kanpur Road Scheme, Lucknow allotted to it way back in the year 2015 in shortest stipulated time as found suitable and fixed by this Hon'ble Court.

(ii) Issue a writ, order or direction in the nature of mandamus directing the opposite parties no.2 to 4 to pay exemplary damages as well as compensation as quantified by this Hon'ble Court for the delay, loss, mental agony and harassment caused to the petitioner by deliberate, illegal and inaction of the opposite parties no.2 to 4.

(iii) issue a writ, order or direction in the nature of mandamus directing the opposite party no.1 to conduct an enquiry and fix the liability of the officials of the opposite parties no.2 to 4 for inordinate delay and inaction in allotment of land and execution of the sale deed and handing over of possession to the petitioner and take suitable disciplinary action against such officials." It has been submitted by the learned counsel for the petitioner that the petitioner society is duly registered under the Societies Registration Act, 1860 Versus Counsel for Petitioner(s) : Aftab Ahmad Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Mansarovar Muslim Welfare Society (Regd.),Thru. Secy. Abdul Quddoos Hashmi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Housing And Urban Planning Lko. And 3 Others .....Respondent(s)

and from time to time its registration has been renewed. Petitioner is in possession of plot no. M-BREL, area 678.84 square meters situated in Sector M, Ahiyana, Kanpur Road Scheme duly allotted in favour of the society by the respondent no.4 in the year 2015 for which the entire sale consideration has also been paid in year 2015 itself to the opposite party no.4. We have noticed that the opposite party no.4 is Ansal Housing and Construction Limited, a private company which cannot be said to be State within Article 12 of the Constitution of India. We also find that the petitioner's grievance is with regard to action of the respondent no.4 in not handing over possession of plot allotted by the respondent no.4 to the petitioner after payment of entire sale consideration. The petitioner may file a suit for specific performance against respondent no.4. The writ petition is dismissed as not maintainable. November 12, 2025 mks WRIC No. 10948 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench