Allahabad High Court

Phool Chandra Jaiswal & Ors. v. State of U.P. thru. Prin. Secy. P.W.D. Lko. & Ors.

WRIC/2397/2026

Decision date
2026-06-03
Text availability
Full text
Judges
Indrajeet Shukla, Jaspreet Singh

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

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Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 2397 of 2026 Phool Chandra Jaiswal and 3 others .....Petitioner(s) Versus State of U.P. through Principal Secretary, P.W.D. Lko. and 6 others .....Respondent(s) Counsel for Petitioner(s) : O.P. Tiwari Counsel for Respondent(s) : C.S.C. Court No. - 3 HON'BLE JASPREET SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1 to 7 has been accepted by the office of the Chief Standing Counsel. 2. A Coordinate Bench of this Court, by means of its order dated 27.05.2026, had permitted the petitioners to implead the Lucknow Development Authority, Lucknow (for short, 'LDA') as a party-respondent in the said petition and it was also directed to serve a copy of this petition on the learned counsel, who usually appears for the LDA. 3. It is in furtherance thereof, Shri Madhukar Ojha, learned counsel has put in appearance and filed his Vakalatnama on behalf of the respondent-LDA, the same is taken on record. 4. Learned counsel for the LDA has pointed out that the instant petition suffers from concealment. It is urged that the land in question had been acquired by the LDA, by means of a notification issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act of 1984'), dated 05.09.2000, which was followed by another notification issued under Section 6 of the Act of 1984, dated 16.02.2001.

5. In furtherance thereof, the entire land of the Plots No.82 and 340, which is the subject matter of the instant petition, was duly acquired and an award was made as compensation was also paid to the recorded tenure-WRIC No. 2397 of 2026 2 holder. 6. It is urged that in this backdrop, the contention of the petitioners cannot be countenanced for the reasons that the petitioners have purchased the property in question only in 2017 and the mutation order, if any, is patently dehors the provisions and would confer no rights on the petitioners. 7. At this stage, Shri O.P. Tiwari, learned counsel for the petitioners submits that he may be permitted to not press the instant petition. 8. In view thereof, the petition is dismissed as not pressed. (Indrajeet Shukla,J.) (Jaspreet Singh,J.) June 3, 2026 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench