- (1.) M. Katju, J. By means of this writ petition the petitioner has prayed for a mandamus directing the respondents 1 and 2 to implement the order dated 8-1-2002 Annexure 4 to the writ petition passed by the respondent No. 2 and to get the unauthorized construction made by the respondent No. 3 Baijnath Maurya demolished. It has been mentioned that the respondent No. 3 has sold the disputed property to respondent No. 4. Sri A. K. Misra has appeared for the respondents 1 and 2 and has filed a counter- affidavit. The respondents No. 3 and 4 both have been served with notice of this petition and the respondent No. 4 has appeared through his Counsel Sri Vimlesh Srivastava and has filed counter- affidavit.
(2.) HEARD the learned Counsel for the parties. The petitioner claims to be the owner of the house in Nazul Plot No. 7, Civil Station, Allahabad. The residential house of the petitioner is numbered as 7/2, Civil Station, Allahabad. The petitioner purchased free hold right in the said plot from the State Government through the District Magistrate, Allahabad vide registered deed dated 15-10-2000. It is alleged in paragraph 5 of the writ petition that the petitioner's building was constructed in 1969 after getting the building plan approved by the Prescribed Authority. The plan was approved on 10-6- 1969 and permission to raise constructions was given by the same order. In respect of the first storey, sanction was given by the ADA on 20-6-2001.
(3.) IT is alleged in paragraph 6 of the writ petition that Alkapuri and Aakashpuri colonies were constructed by the Allahabad Development Authority on Hastings Road Housing Scheme in plot No. 9 which is adjacent to plot No. 7 refrred to above. Apart from a large number of residential flats the Allahabad Development Authority constructed there 18 scooter and car garages on the ground floor and 18 servant quarters on the first floor. Out of the aforesaid 18 quarters, 12 are in one block and the remaining 6 are in another block. It is alleged in paragraph 7 of the writ petition that for the use of 12 servant quarters situate in Block 1 a soak pit was constructed on the open land which was there on the northern side of the aforesaid quarters and it was connected with the nala running from east to west on Muir Road. In paragraph 8 of the writ petition it is alleged that another soak pit was on the open land which is in the western side of the Second Block consisting of six servant quarters for its use, and this soak pit was also connected with a nala adjacent to aforesaid plot No. 7 from south to north. The open space which was in between the aforesaid nala and the servant quarter was in the shape of a pakka lane. This open land was left for the purpose of cleaning the aforesaid soak pit.;