Allahabad High Court
Mohd. Khaleeq And 9 Others vs Gandhi Nagar Sahkari Avas Samiti Ltd. ... on 30 May, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:33615 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3583 of 2025 Petitioner :- Mohd. Khaleeq And 9 Others Respondent :- Gandhi Nagar Sahkari Avas Samiti Ltd. Thru. Chachi Kuwan Lko. Thru. Secy. And 6 Others Counsel for Petitioner :- Mohit Chandra,Dr. Ashutosh Mishra Counsel for Respondent :- C.S.C.,Namit Sharma,Vinod Kumar Shukla Hon'ble Saurabh Lavania,J.
Vakalatnama filed by Sri Vinod Kumar Shukla, Advocate on behalf of respondent No. 5/Nagar Nigam Lucknow in the Court today is taken on record.
Heard learned counsel for the parties.
In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.
The instant petition has been preferred seeking following main relief(s):-
"A. To direct the Court of Additional Commissioner Lucknow to decide the Revision No. C201910000000057 Mohd. Khaleeq and others Vs. Gandhi Nagar Sahkari Avas and others within shortest period. And during the pendency of the present petition may direct the opposite parties specially Nagar Nigam Lucknow not to interfere in the peaceful possession of the petitioners.
B. To direct the Court of Additional Commissioner Lucknow to dispose of the application dated 26.05.2025 moved by the petitioners for stay against the Nagar Nigam within shortest time."
Considered the following facts of the case:-
(i) The contesting respondents in this case, as appears from the record, are the State of U.P. and Nagar Nigam Lucknow, as the petitioners are the purchasers of the land from the respondent No. 6.
(ii) As per the order dated 27.02.2006 passed in the Case No. 18/2005-06, under Section 166/167 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short "Act of 1950") bythe Additional City Magistrate- IInd/Assistant Collector, Ist Class, Lucknowchallenged in the Revision No. C201910000000056 (Mohd. Khaleeq and others vs. Gandhi Nagar Sahkari Avas Samiti Ltd. and others), the land purchased by the petitioners, within the jurisdiction of the Nagar Nigam, Lucknow, would be vested in the State.
(iii) As per the case setup by the petitioners, the petitioners would be deprived of right to enjoy the property in issue by the Nagar Nigam, Lucknow.
Upon due consideration of the aforesaid facts of the case, the present petition is disposed of with liberty to the petitioners to prefer an application for preponement of the date fixed in the case, which shall be considered and decided by the Authority/Court concerned after taking note of the facts of the case including the aforesaid facts indicated before this Court.
For the purposes of preponement of the date, the application aforesaid shall be preferred after providing a copy thereof to the counsel for the Nagar Nigam, Lucknow, counsel for the State and also to other counsel, who have already put in appearance in the case.
In case the date is preponed, then on that date, the prayer of interim relief, as sought before the revisional authority, would be considered and an appropriate orders shall be passed. In case, for some reasons, no order could be passed then in that eventuality, the application seeking interim relief would be decided within a period of 15 days from the said date.
The authority concerned shall pass the order, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party.
It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 30.5.2025 Arun/-