BRIJBHAN SINGH YADAV AND ANOTHER Vs. STATE OF U.P. THR.PRIN. SECY. HOUSING & TONW PLANNING, LKO.& ORS
LAWS(ALL)-2018-9-126
HIGH COURT OF ALLAHABAD
Decided on September 07,2018

Brijbhan Singh Yadav And Another Appellant
VERSUS
State Of U.P. Thr.Prin. Secy. Housing And Tonw Planning, Lko.And Ors Respondents

JUDGEMENT

VIVEK CHAUDHARY,J. - (1.) These two Public Interest petitions, connected together, relate to Gata nos. 249, 250 and 251, situated at village Qila Mohammadi Nagar, Lucknow. They are filed alleging that the said plots, belonging to State, are in unauthorized occupation of a private respondent, Sri. Sharda Pratap Shukla, who is a local leader and politician and has been a Member of Legislative Assembly (M.L.A.) for three terms, since the year 1985 and Minister of State with independent charge in Samajwadi Party Government from 2012 to 2017.
(2.) First Writ Petition No. 9252 (M/B) of 2013 [P.I.L.] is filed for the following reliefs:- "I. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties No. 1 to 5 to remove the illegal and unauthorized encroachment of the opposite party No. 6 over the plot No. 249, 250 and 251 recorded in the name of Lucknow Development Authority, situated at Qila Mohammadi Nagar, Lucknow, which is reserved for future development. II. Issue a writ, order or direction in the nature of Mandamus commanding the Director, Vigilance, Establishment, Govt. of U.P., Lucknow, the opposite party No. 8 to conduct and enquiry for fixing the liability of the accountable officers of Lucknow Development Authority under whose supervision, the land in question was encroached by the opposite party No. 6 by way of raising construction of shops and rooms etc. and the same have been given on rent and the rent approximately Rs. 70,000/- per month is being realized by the opposite party No. 6 and also order for criminal prosecution against the responsible persons."
(3.) Second Writ Petition No. 11734 (M/B) of 2015 [P.I.L.] is filed for the following reliefs:- (a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 08.01.2015 as contained in Annexure No. 15 to the writ petition. (b) Issue a writ, order or direction in the nature of certiorari quashing the entries made in revenue records pursuant to order dated 08.01.2015 and nullify every action taken in pursuance of the said order by any of the opposite parties. (c) Issue a writ, order or direction in the nature of mandamus directing the opposite parties no. 4 to 6 to hand over possession of Khasra No. 249 to LDA within the time provided by the Hon'ble Court. (d) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to recover the land Khasra No. 249 from private respondents within the time provided by the Hon'ble Court and demolish the existing construction over the land in question in accordance with law.";


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