RAKESH KUMAR SHUKLA Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) A. The Challenge : Petitioner has prayed for quashing of order dtd. 30/4/2024 passed by the Chairman Lucknow Development Authority (hereinafter referred as L.D.A.) in relation to plot no. 1/205, and has also prays for a writ in the nature of mandamus, commanding the respondent not to allot plot no. 1/205, Vineet Khand belonging to the petitioner to anyone else.

(2.) The case of the petitioner as has been put by Sri Anshuman Singh, learned counsel for the petitioner is that his father Kaushal Kishore Shukla had earlier filed Writ Petition No.8426 (M/B) of 2009 in relation to House No.A-1/205, Vineet Khand, Gomti Nagar, Lucknow challenging the order dtd. 12/8/2009 passed by the Lucknow Development Authority. The said writ petition was dismissed for want of prosecution on 7/3/2024. The petitioner has filed a recall application on 11/3/2024, which is pending for consideration, in which counsel for private respondent got an adjournment on 26/4/2024. It is also stated that Writ Petition No.1970 (M/B) of 2001 was filed by the father of private respondent, Sri V.D. Keshari against the Lucknow Development Authority and this writ petition was clubbed with Writ Petition No.8426 (M/B) of 2009 and was decided by this Court vide order dtd. 7/3/2024 directing the Lucknow Development Authority to consider the representation of Vimal Chand Keshari, who had been substituted on account of death of his father V. D. Keshari, who died in the meantime.

(3.) It is also the case of the petitioner that his father Kaushal Kishore Shukla was an ex-Army person and one plot of land in Gram Sabha, Khargapur Husariya admeasuring 8 Biswas was given to him by the Gram Pradhan by executing 2 pattas on 21/12/1973 and 2/9/1981 respectively. The plot in question i.e. 1/205, Vineet Khand, Gomti Nagar has been developed after the Lucknow Development Authority (hereinafter referred as L.D.A.) has taken over the Gram Sabha land of Village Khargapur Husariya. It has been stated that petitioner's father Late Kaushal Kishore Shukla constructed a house for his family, which was numbered as House No.54 of Village Husariya and the name of the family members of Late Kaushal Kishore Shukla were shown in Pariwar Register of Gram Sabha, Khargapur Husariya. The Gram Sabha had passed a resolution in favour of Late Kaushal Kishore Shukla as he, being a Havaldar in Indian Army, had fought in the Indo-Pakistan War in the year 1971 and had been awarded a Special Service Medal with clasp while serving in Indian Peace Keeping Force in Sri Lanka. It has been stated in the writ petition that the house constructed by the father of the petitioner was assessed by the Nagar Mahapalika in the year 1992 and the Nagar Nigam gave it as House No. 1/205, Vineet Khand, Gomti Nagar. The Nagar Nigam is collecting the house tax from the father of the petitioner since 2002.