WRIC/6093/2025 of RAKESH KANT SHUKLA AND 5 OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF URBAN DEVELOPMENT LKO. AND 3 OTHERS on 3 November 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 6093 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. This writ petition has been filed by the petitioners for the following reliefs :-

(i) A writ order or direction in the nature of mandamus commanding opposite parties not to dispossess the petitioners from their land Gata No.2204 area 3.427 hectare situated at village Barabanki Tehsil Nawabganj, District Barabanki.

(ii) A writ order or direction in the nature of mandamus commanding opposite parties not to shift the Sabji Mandi and fish market over the petitioners land Gata No.2204 area 3.427 hectare situated at village Barabanki Tehsil Nawabganj, District Barabanki. It has been submitted by learned counsel for the petitioners that the petitioners' predecessor in interest was the recorded tenure holder of Gata No. 2204, area 3.427 hectares, as is evident from the Khatoni of 1344 Fasli. After the death of Pandit Kanhaiya Lal, Advocate, the names of his sons were recorded in the Khatoni; however, without any order, the category of the land was changed from Ziman-4 to Ziman-6 in 1428 Fasli, a copy of which has been filed as Annexure No. 2 to this writ petition. It is further submitted that the seven sons of Pandit Kanhaiya Lal, Advocate, had taken possession of the land and partitioned it among themselves by mutual consent. The father of the petitioners had planted certain trees over the land and had also built a temple/Sai Mandir thereon. Upon perusal of a news item published in Dainik Jagran newspaper on 03.06.2025, the petitioners came to know that 125 fruit and vegetable vendors were to be shifted to Mall Godam Road, Kalika Ji Puram, near Sai Mandir and that a Versus Counsel for Petitioner(s) : Ram Kumar Singh, Amit Kumar Singh Counsel for Respondent(s) : C.S.C., Aftab Ahmad Rakesh Kant Shukla And 5 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development Lko. And 3 Others .....Respondent(s)

fish market would also be relocated there. As the area in question is Gata No. 2204, this petition has been filed. It has also been submitted that earlier, the Executive Engineer, U.P. Jal Nigam, Barabanki, had tried to install a water tank over some portion of Gata No.2204/2, which belongs to petitioners Nos.1 to 4. Consequently, Regular Suit No. 464 of 2025 (Rakesh Kant Shukla and others vs. State of U.P. and others) was filed before the Civil Judge (Senior Division), Barabanki, praying for a permanent injunction against the respondents. Sri Aftab Ahmad, learned counsel for the contesting respondents, submits that no interim injunction has been granted in the aforesaid regular suit filed by the petitioners. The Nagar Palika Parishad is one of the defendants in the said suit. He has also pointed out from the Khatoni, annexed as Annexure No. 2 to the petition, that the entire land of Gata No.2204 has been shown as Mohal Sarkar and Bharat Sarkar ki Sampatti, Zere Intazam Officers of the Nagar Palika Parishad. It has further been stated, on the basis of instructions, that Gata No. 2204 is a Minjumla Khata consisting of several divisions, one of such Khatas is recorded as Banjar and other as part of a road. It is not clear as to how the petitioners claim ownership of Gata No.2204/2, as the same is already recorded as belonging to the Government of India, as per Annexure No. 2 to the writ petition filed by the petitioners themselves. The writ petition raises disputed questions of fact which cannot be determined unless the title of the petitioners is determined. Therefore, we do not find any good ground to grant the reliefs prayed for in the writ petition. Accordingly, the writ petition is dismissed, leaving it open to the petitioners to approach the appropriate forum. November 3, 2025 Ashish Dewal WRIC No. 6093 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench