- (1.) The original petitioner Raj Rani Srivastava filed this writ petition, who died during the pendency of the same on 14.9.2004 and her legal heirs G.P. Srivastava, Anand Srivastava, Visheshwar Srivastava, Umeshwar Srivastava and Sarveshwar Srivastava were substituted on 28.01.2005 by the order of this Court.
(2.) This petition has been filed for the following reliefs; (a) To call for the record of the case including those of respondents 1 to 3 and 7 and 8. (b) to enforce the petitioner's lease hold rights in the appurtenant garden land developed by petitioner as a garden from a pond and contiguous/forming part of only one property A-91 (Faizabad Road) as delineated in the zonel Plan for converting into freehold as per the rates specified for residential area; (c) to prohibit the respondents 2-3 from auctioning any part of the property A-91, Faizabad Road including the garden land. (d) to quash the proceedings before opposite party No.7 in R.S. 64/1992, R.S.-138 of 1993 and before opposite party No.8 in Suit No. R.S. 173 of 1994 and vacate all the interim orders passed therein; (e) to prohibit running of a High School at A-91, Faizabad Road, Mahanagar, Lucknow which shall be in violation of the provisions of U.P. Intermediate Education Act and U.P. Education Code; (f) to direct the enforcement and strict compliance of G.O. No. 1773/9-AA-1-1995 dated 18.05.1995 (Annexure-16 hereto) without any discrimination in favour of respondents 4 to 6. (g) to direct the enforcement of the Rules and bye laws and take action in accordance with law and initiate prosecution and punish the person/persons who made the constructions and encroachments on the property without any authority; (h) Award exemplary and deterrent costs on respondents and such other officials who are found to be either have connived or have neglected or favoured in the violation of the law and bye laws; (i) to direct the compliance of the undertaking given to H.E. the Governor in the letter of respondents 5 and 6 dated....../1993 (Annexure-15 hereto) (j) grant a writ of certiorari or any other writ in the nature of certiorari quashing G.O. Nos.48-/9-Aa-96-39N/91 dated 12.01.1996 and all other G.Os. empowering respondents 1 to 3 to enter into the purported agreement dated 12.01.1996. (k) grant a writ of mandamus or any other writ in the nature of mandamus directing respondents 1 to 3 not to give effect to the purported agreement dated 12.01.1996. (l) grant a writ of mandamus or any other writ in the nature of mandamus directing respondents 1 to 3 not to transfer the possession of the garden land situate at A-91, Faizabad Road, Lucknow-6 to respondents 4 to 6 or create any third party rights in the said land till the disposal of the petition by way of an interim order, (m) to grant such other further and or ancillary relief to which the petitioner may be deemed entitled to;
(3.) Earlier to this petition the petitioner had filed one writ petition having No. 1402(MS) of 1995 aggrieved with the order of accepting the tender bid of opposite party No.6, City Montessori School (for short 'CMS') in open auction of the garden land 91A/B754 in pursuance of the auction notice issued, but later on the writ petition was withdrawn in terms of order dated 14.07.1995. The present writ petition has been filed during the earlier petition for relief (a), (d), (g), (h), (i) and (m). Later on the writ petition was amended vide order dated 27.10.1995 and relief (b), (c), (e) and (f) were added with consequential amendment. The writ petition was further amended vide order of the court dated 16.04.1999 and relief (j) (k) and (l) were added with consequential amendment in the petition.;