Satyam Pandey 5 Others vs State Of U.P. Thru. The Urban ...

State Of U.P. Thru. The Urban Devepolment U.P. Govt. Lko. And 9 Others

.....Respondent(s)

Counsel for Petitioner(s)

:

Hom Narayan Awasthi

Counsel for Respondent(s)

:

C.S.C.

Court No. - 5

HON'BLE ALOK MATHUR, J.

HON'BLE AMITABH KUMAR RAI, J.

Heard Shri Hom Narayan Awasthi, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

The petitioners, claiming themselves to be elected members (Sabhasads) of Nagar Panchayat Itaunja, District Lucknow, have filed the present writ petition seeking eviction of the private respondents from the newly constructed shops situated in the temple campus and Tikuniya Market near Nagar Panchayat Itaunja, District Lucknow.

It has been submitted by learned counsel for the petitioners that in a meeting of Nagar Panchayat Itaunja, a proposal was passed for construction of shops in the temple campus at Itaunja and funds were sanctioned by the Government for such construction. It is further submitted that the private respondents have taken possession of and are using the said shops.

It is the case of the petitioners that no formal letters of allotment have been issued and despite several complaints having been made by the petitioners, no action has been taken by the concerned authorities.

It is noticed that the petitioners do not fall within the category of aggrieved persons and no personal relief has been sought by them. Accordingly, such a writ petition is not maintainable under Article 226 of the Constitution of India. However, it shall be open for the petitioners to file a Public Interest Litigation with regard to the grievances raised by them in the present writ petition.

Irrespective of the fact that the instant writ petition is not maintainable, if any private respondents are found to be in unauthorized possession contrary to the regular mode of allotment in respect of the buildings constructed by the State Government, the appropriate authority shall certainly take cognizance of the same and take appropriate action in accordance with law.

Accordingly, we are not inclined to entertain the present writ petition at the behest of the petitioners and hence, the same is dismissed subject to the observations made hereinabove.

Learned Standing Counsel shall send a copy of this order to the District Magistrate, Lucknow forthwith for necessary action.

(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

May 7, 2026

Mahesh