WRIC/10232/2025 of TAUHEED ARIF Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 15 OTHERS on 15 October 2025

1. An oral mentioned was made in the morning regarding urgency n the matter.

2. Written notices were given in the Office of the Chief Standing Counsel, counsel for the Lucknow Development Authority and counsel for the Nagar Nigam, Lucknow that the matter should be taken up at 02:15 P.M.

3. When the matter is taken up on 02:15 P.M. we have heard learned counsel for the petitioner, Sri Namit Sharma, learned counsel appearing for the Nagar Nigam, Lucknow and Sri Ratnesh Chandra, learned counsel appearing for the Lucknow Development Authority.

4. This writ petition has been filed with the following main prayers:- "i. Issue a writ, order or direction in the nature of Mandamus commanding the District Magistrate, Lucknow (respondent no.3), Police Commissioner, Lucknow (respondent no.4), Vice Chairman, Lucknow Development Authority (respondent no.5), Secretary, Lucknow Development Authority(respondent no.6) Nagar Ayukt Lucknow Nagar Nigam (respondent no.7), Zonal Officer Zone-6, Lucknow Nagar Nigam (respondent no.8) and Station House Officer, Police Station Thakurganj, Lucknow to take immediately action to stop the on-going construction of Versus Counsel for Petitioner(s) : Sudhir Kumar Pandey, Pradeep Kumar Yadav Counsel for Respondent(s) : C.S.C., Namit Sharma, Ratnesh Chandra Tauheed Arif .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And 15 Others .....Respondent(s)

Commercial Complex (as shown in Annexure no.6) over Land of Graveyard & Karbala bearing No. 25, admeasuring 12,600 sq. fts. situated at Napier Road & Awas Grih Nirman Yojana, Part-2 Mohalla- Tahseenganj (Ghasmandi) Nagar Nigam Zone 6 Ward -Daultganj (Ghasmandi), P.S. Thakurganj, Nagar Nigam Zone -6 ward -Dultganj Lucknow and bounded under:- East : House of Anwar Neta West : 35 fts, wide road.

North : House of Kallu Driver & House of Rasheed Mansoori South : House of Syed Arif & House of Yameen

ii. Issue a writ, order or direction in the nature of Mandamus commanding the District Magistrate, Lucknow (respondent no.3), Police Commissioner, Lucknow (respondent no.4), Vice Chairman, Lucknow Development Authority (respondent no.5). Secretary, Lucknow Development Authority(respondent no.6), Nagar Ayukt Lucknow Nagar Nigam (respondent no.7), Zonal Officer, Zone-6, Lucknow Nagar Nigam (respondent no.8) and Station House Officer, Police Station-Thakurganj, Lucknow to ensure the strict compliance of order no.17 dated 09.11.1967 (Annexure no.1) passed by then Administrator of then Lucknow Nagar Mahapalika / Improvement Trust by removing all illegal encroachment made by respondent no. 10 to 16 over aforesaid land used and recorded as family Graveyard & Karbala in records of Nagar Nigam, Lucknow bearing No. 25, Development Authority and Government admeasuring 12,600 sq. fts. situated at Napier Road & Awas Grih Nirman Yojana Part- 2 Mohalla- Tahseenganj (Ghasmandi) Nagar Nigam Zone 6 Ward - Daultganj (Ghasmandi), P.S. Thakurganj, Nagar Nigam Zone -6 ward Dultganj Lucknow."

5. Learned counsel for the petitioner has pointed out paragraphs no. 6, 7 and 8 of the writ petition which also contain the extracts of Order No. 17 dated 09.11.1967 passed by the then Administrator of Lucknow Nagar

Mahapalika /Improvement Trust referring to Napier Road and and Griha Awas Yojana, Part-2 and Property No. 25 of which 12,600 sqft. was being used as Karbala for burying of Tajiayas during Moharram. The Administrator had exempted land admeasuring 12,600 sqft. from Property No. 25 with the condition that the owner of such property shall use it only for the purpose of Karbala/burying of Tajiayas during Moharram and not for any other purpose.

6. It has been submitted that the fore-father of the petitioner Mohammad Ali S/o Jan Mohammad had purchased almost 25,000 sqft. of land with a Pakka Hauj situated at Mohalla- Tehseenganj, Lucknow from its owner Smt. Sonia Bibi Widow of Bansi Mal through registered sale deed dated 28.07.1931. Out of which land a certain portion admeasuring 12,600 sqft. as aforesaid was being used as Karbala.

7. It has been submitted that the respondents no. 10 to 16 are now raising a commercial complex over such property reserved for Karbala. The petitioner has repeatedly made representations to the Station House Officer, Police Station - Thakurganj, Nagar Aayukta, Nagar Nigam and also Vice-Chairman and Zonal Officer of Lucknow Development Authority raising his grievance of construction of commercial complex on property which is used as Karbala. Copies of such representations have been collectively filed as Annexure No.7 to the writ petition.

8. Learned counsel appearing on behalf of the LDA has pointed out from a print out of part of layout plan of Napier Road Housing Scheme Part-2 it appears that adjacent to the 60 feet wide road certain portion of land has been described as Karbala and adjoining such Karbala Property No. 24, 25, 26, 27 and 28 have been shown towards the East. He has submitted that this is a disputed question of fact where the construction is being carried out on Plot No. 25 or land belonging to Karbala.

9. We find it appropriate to dispose of this writ petition with a direction to the Vice-Chairman, LDA to consider and decide the representation of the petitioner dated 27.09.2025 by giving opportunity to all concerned including the respondents no. 10 to 16 within a period of three weeks from the date a copy of this order is provided before him. If the construction is found on land belong to Karbala, the Vice-Chairman shall take appropriate proceedings in accordance with the statue.

10. It is clarified that we have not entered into the merits of the claim of the petitioner. October 15, 2025 Darpan Sharma

(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench