WRIC/1165/2025 of PARSVNATH CITY RESIDENTS WELFARE ASSOCIATION THRU. AUTHO. SIGN. KUNWAR BAHADUR SRIVASTAVA AND ANR. Vs STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING LKO. AND 4 OTHERS on 10 November 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1165 of 2025 WITH WRIT - C No. - 3892 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Vakalatnama filed today in Writ C No. 1165 of 2025 by Ms. Preeti Shukla and Mr. Nandesh Verma, Advocates on behalf of respondent no. 5, is taken on record. We have heard learned counsel for the petitioners, Sri Ratnesh Chandra, learned counsel for the Lucknow Development Authority, Sri Rajesh Chadha, learned counsel for respondent no. 4 in Writ Petition No. 1165 of 2025 and Sri Anurag Shukla, learned Senior Advocate, assisted by Sri Nandesh Verma, learned counsel for respondent no.5 in Writ Petition No. 1165 of 2025. The Writ Petition No. 1165 of 2025 has been filed for the following reliefs:- Versus Counsel for Petitioner(s) : Hari Prasad Gupta, Kuldeep Counsel for Respondent(s) : C.S.C., Anurag Shukla, Rajesh Chadha, Ratnesh Chandra Versus Counsel for Petitioner(s) : Hari Prasad Gupta, Hariank Gupta Counsel for Respondent(s) : C.S.C., Rajesh Chadha, Ratnesh Chandra Parsvnath City Residents Welfare Association Thru. Autho. Sign. Kunwar Bahadur Srivastava And Anr. .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lko. And 4 Others .....Respondent(s) Parsvnath City Residents Welfare Association Thru. Auth.Sign. Kunwar Bahadur Srivastava And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lko. And Others .....Respondent(s)

I. Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned map and permit sanction vide letter dated 09.10.2024, contained in Annexure No. 1 to the writ petition.

II. Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite parties not to make any hindrance and disturbance in peaceful living of residents/members of petitioners' society.

III. Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite parties to take appropriate action against the opposite party No. 5 as provided under section 15(9) of the U.P. Urban Planning and Development Act, 1973.

IV. Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party No. 1 and 2 to take action against the authority concerned who has proceeded and sanction the impugned map without adhering and avoding the procedure for sanction of map. A preliminary objection has been raised by Sri Anurag Shukla, learned Senior Advocate, that the petitioners have already availed the statutory remedy of filing an application under Section 15(9) of the Uttar Pradesh Urban Planning and Development Act, 1973, which is pending before the Vice-Chairman, Lucknow Development Authority. We have heard the counsel for the petitioners at some length and also the counsel appearing for respondent no.5. We find that disputed questions of fact have been raised with regard to the existence of a chak road within the boundary wall of the petitioners' society, initially developed by Parsvnath City Developers. Such disputed questions of fact cannot be decided only on the basis of affidavits in writ jurisdiction. We, therefore, find it appropriate to dispose of both the writ petitions with a direction to the Vice- Chairman, Lucknow Development Authority, to give an opportunity of hearing to all concerned and thereafter pass a reasoned and speaking order on the application moved under Section 15(9) of the Uttar Pradesh Urban Planning and Development Act, 1973, a copy of which has been filed as Annexure No. 12 to Writ Petition No. 1165 of 2025. Let necessary and appropriate orders be passed within a period of two months from the date a copy of this order is produced before the authority concerned. November 10, 2025 Ashish Dewal WRIC No. 1165 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench