Anil Kumar Rastogi - W.P.-2015

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW.

Writ Petition No. (MB) of 2015

Anil Kumar Rastogi, aged about 58 years, son of Late Bindeshwari Prasad Rastogi, resident of Khasara Plot No. 358, Gendkhana, Husainaband, Pargana, Tehsil & District- Lucknow, presently residing at 466/ 41- C, New Peer Bukhara, Thakurganj, Lucknow.

….. Petitioner

Versus

1. State of U.P. through the Principal Secretary, Urban & Planning Department, Government of U.P., Lucknow.

2. Commissioner, Nagar Nigam, Lucknow.

3. District Magistrate, Lucknow.

4. Sri Shailendra Kumar Mishra, Additional City Magistrate- II, Lucknow, Collectorate Compound, Lucknow.

5. Sri Binno Rizvi, Zonal Officer, Zone- 6, Nagar Nigam, Lucknow.

6. Circle Officer, Chawk, Lucknow.

7. Station Officer, P.S. Thakurganj, Lucknow.

8. Mazhar Ali Khan @ Bukkal Nawab, son of Late Abid Ali, resident of Gendkhana, Husainabad, Police Station Thakurganj, Lucknow.

9. Faizal Nawab, son of Mazhar Ali Khan, resident of Gendkhana, Husainabad, Police Station Thakurganj, Lucknow.

10. Shiya Central Board of Waqfs, U.P., Lucknow through its Chairman.

…..Opp. parties.

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

To,The Hon’ble Chief Justice and his companion

Hon’ble Judges of this Hon'ble High Court.

The petitioner, named above, most respectfully begs to

submit as under –

1. That earlier the petitioner filed a Writ Petition in this

Hon'ble Court seeking following relief :-

“ i) issue a writ, order or direction in the nature of

mandamus commanding the opposite parties ,

particularly opposite party Nos. 4 to 8 and their

agents, to restrain themselves from

dispossessing the petitioner from the land

situated at Khasra No. 358, Gendkhana,

Hussainabad, Pargana, Tehsil and District

Lucknow; and

ii) issue a writ, order or direction of appropriate

nature instituting an enquiry into the entire

impugned action followed by appropriate action,

disciplinary or otherwise, against person(s) found

liable in the enquiry; and

iii) issue a writ, order or direction in the nature of

mandamus commanding the opposite parties to

pay appropriate compensation to the petitioner

as may be deemed fit and proper in the

circumstances of the case by this Hon'ble Court.

iv) Issue in favour of the petitioner any other writ,

order or direction which this Hon'ble Court may

deem just and proper in the circumstances of the

case as also in the interest of justice.

v) Allow the Writ Petition with costs in favour of the

petitioner and against the opposite parties.”

and the petitioner served the notices to the opposite

parties but in the process of passing of the Writ

Petition, there was an objection and while removing the

objection the petitioner not found the Writ Petition

appropriate for filing and therefore, he decided to

withdraw the said Writ Petition and to file a fresh Writ

Petition instead of earlier Writ Petition and as such, the

present Writ Petition is being filed afresh with same

cause of action.

2. That the petitioner further declares that he has not

received any notice / information or copy of any caveat

application of Registered Post or otherwise from any of

the opposite party or from any other source.

3. That the instant Writ Petition is directed against the

illegal, arbitrary and highly unjust action of the opposite

parties particularly, opposite party No. 4, 5, 6 and 7

demolishing the boundary wall including one room

constructed inside the boundary wall which was

situated at Khasara Plot No. 358, Gendkhana,

Husainabad, Pargana, Tehsil and District Lucknow on

31.8.2015 without giving any notice and information to

the petitioner. The petitioner is absolute owner over

the plot Khasara No. 358 and is enjoying his peaceful

possession since long time. The impugned action has

been done without following any legal proceedings,

issuing any notice or giving any opportunity to make an

objection of such act to the petitioner. The impugned

action has been done without any authority of law.

4. That the facts and circumstances of the present case

are being narrated herein below:

5. That the petitioner has purchased the plot Khasara No.

358 measuring 10 Biswan from Sri Rajjan Lal S/o Late

Kushhar, resident of Village Mohani Ka Purwa,

Pargana, Tehsil and District Lucknow on 19.8.1994 by

way of registered sale deed which is duly registered at

Pustak No. 2, Jild No. 297, Page No. 261 to 324, Serial

No. 3705 in the office of Sub Registrar- IV at Luckow.

The true copy of Khasara and Sale deed of Khasara

Plot No. 358 is being annexed herewith as ANNEXURE

NO. 1 to this Writ Petition.

6. That since it is a non Z.A. land and all records of such

land are kept in sealed cover, therefore, the latest

khasara is not available with the petitioner , hence the

same is not being filed herewith. When the petitioner

approached the Tehsil Sadar, Lucknow for obtaining

the same on 9.9.2015 he has been informed by the

concerned clerk that since relevant original records

have been kept under sealed cover, therefore, the

same cannot be furnished.

7. That after being purchased the plot Khasara No. 358

(measuring 10 Biswan) situated at Gendkhana,

Husainabad, Lucknow he has enjoyed the peaceful

possession over the said plot. There is no dispute of

any nature over the said land either as regard of

ownership or possession.

8. That after purchasing the said land, the petitioner has

erected a boundary wall and constructed two rooms set

inside the boundary wall in the year 1998.

9. That the petitioner has also constructed two rooms set

of tin shed roof. The constructed portion covers an

area of about 2000 sq. ft. In the said constructed area,

domestic servant namely Lakpat son of Mani Ram,

Dalpat son of Mani Ram and Kishan Rawat son of

Bhawani were residing. All these persons are living

with their family over the said property.

10. That there is an electricity connection in the name of

the petitioner was also taken. A true copy of the latest

electricity bill is being annexed herewith as

ANNEXURE NO. 2 to this Writ Petition.

11. That it would be appropriate to mention at this juncture

that the private opposite party No. 8 namely Mazhar Ali

Khan is resident of the same locality. The opposite

party No. 8 is Member of Executive Council belonging

to ruling party, was interested to purchase the above

property and therefore, on several occasions he

mounded pressure to the petitioner to sell the above

said property.

12. That the son of the opposite party No. 8 i.e. opposite

party No. 9 namely Faizal Nawab is Corporater of

Husainabad Ward and both of them have kept evil

eyes over the property in question. The opposite party

No. 8 and 9 even threatened the petitioner at such

extent that he will grasp the property at any cost.

13. That the opposite party No. 8 is the Mutwali of Moti

Maszid situated at plot Khasara No. 344, 345, 346 and

347 which was adjacent to the petitioner’s plot bearing

Khasara No. 358 and he is also the member of Shiya

Central Board of Waqfs, U.P., Lucknow.

14. That in this regard, the opposite party No. 8 has

fabricated the documents mentioning several khasara

No. i.e. 373, 374, 375, 377 including Khasara No. 358

and claimed his right over the said Khasara No. 373,

374, 375, 377 including Khasara No. 358. The letter

dated 27.1.2014 reference to the Sub Divisional

Magistrate, Sadar, District Lucknow is being annexed

herewith as ANNEXURE NO. 3 to this Writ Petition.

15. That after getting the knowledge of such activities of

opposite party No. 8 and 9 the petitioner had applied

for an information under Right to Information Act, 2005

and sought information from opposite party No. 10.

The petitioner sought information that as to whether

the Khasara Nos. mentioned in the preceding

paragraph are the property of the Waqfs but no

information has been provided by the opposite party

No. 10 even till date. The copy of the application

dated 8.2.2014 under Right to Information Act, 2005 is

being annexed herewith as ANNEXURE NO. 4 to this

Writ Petition.

16. That thereafter, on 15.4.2014 the petitioner has made

an appeal u/s 19 of Right to Information Act 2005 for

non response of the opposite party No. 10 but on the

said appeal the information has not been supplied by

the opposite party No. 10 to the petitioner till date. The

copy of the appeal dated 15.4.2014 of the petitioner is

being annexed herewith as ANNEXURE NO. 5 to this

Writ Petition.

17. That thereafter on 27.1.2014 a letter was written by Sri

Syed Gulam Saiyadain, Administrative Officer, Shiya

Central Board of Waqfs, U.P., Lucknow to the Sub

Divisional Magistrate, Sadar, Lucknow for restraining

the petitioner to make any construction or to sell the

plot Khasra No. 373 to 377 including plot Khasra No.

358 situated at Mohalla Gendkhana, Lucknow. The

copy of the letter dated 27.1.2014 is being annexed


18. That in reply to the notice dated 27.1.2014 the

petitioner made a notice u/s 80 C.P.C. served it to Sri

Syed Gulam Saiyadein, Administrative Officer, Shiya

Central Board of Waqfs, U.P. explaining his right over

the plot Khasara Nos. as mentioned above and also

urged them not to interfere in the peaceful possession

over the property and also warned them not to make

any false claim over the said property of the petitioner.

The copy of the reply to notice submitted by the

petitioner dated 27.1.2014 is being annexed herewith

as ANNEXURE NO. 7 to this Writ Petition.

19. That after receiving the notice u/s 80 C.P.C., the

Administrative Officer of Shiya Central Board of Waqfs,

U.P., Lucknow wrote a letter dated 12.5.2014 to the

opposite party No. 8 to verify the claim over the plot

Khasara Nos. as mentioned above. The copy of the

letter dated 12.5.2014 is being annexed herewith as


20. That on 7.5.2012 the petitioner wrote letter to the

Administrative Officer, Shiya Central Board of Wadfs,

U.P. to issue ‘no objection certificate’ over the claim

made by the Shiya Central Board of Waqfs over the

property of the petitioner. The copy of the letter dated

7.5.2012 is being annexed herewith as ANNEXURE


21. That again on 26.6.2014 the petitioner made

representation in the form of notice to Syed Gulam

Saiyadein, Administrative Officer, Shiya Central Board

of Waqfs, U.P., Lucknow and again the petitioner

clarified his peaceful possession over the property and

also mentioned a conspiracy made by the opposite

party No. 8 and 9 including the area Lekhpal that how

they made a conspiracy to make the claim over the

property of the petitioner. The copy of the

representation dated 26.6.2014 is being annexed


22. That it is also worth to mention here that on 12.6.2014

the Additional District Magistrate (Nagar Paschim),

Lucknow wrote a letter to the petitioner calling his

explanation for illegal possession and disposal of the

property of the petitioner. The copy of the letter dated

12.6.2014 is being annexed herewith as ANNEXURE


23. That the petitioner made a detailed reply to the

explanation called by the Additional District Magistrate

(Nagar Paschim) on 28.6.2014 alongwith the affidavit

and explaining his right over the plot Khasara No. 358

and conspiracy made by the opposite party No. 8 and 9

to grasp the property of the petitioner. The copy of the

reply of the petitioner dated 28.6.2014 alongwith

affidavit is being annexed herewith as ANNEXURE NO.

12 to this Writ Petition.

24. That on the application made by Syed Gulam

Saiyadein, Administrative Officer, Shiya Central Board

of Waqfs in the court of Additional City Magistrate –II,

Lucknow u/s 145(1) Cr.P.C., the Hon'ble Court has

passed an order dated 18.6.2014. In the order dated

18.6.2014, the Additional City Magistrate- II, Lucknow

on the report of Station Officer, Thakurganj initiated a

proceedings u/s 145(1) Cr.P.C. regarding Khasara plot

No. 373 to 377 and asked the party to make their claim

by filing objection either in written or oral evidences.

The copy of the order dated 18.6.2014 passed by the

Additional City Magistrate- II, Lucknow is being

annexed herewith as ANNEXURE NO. 13 to this Writ

Petition.

25. That the petitioner made a detailed objection on the

proceedings u/s 145(1) of Cr.P.C. on dated 9.7.2014 in

which the petitioner made a detailed explanation and

averments that the plot Khasara Nos. 373 to 377 is the

land of Friends Cooperative Housing Society and Plot

Khasara No. 358 is the personal property of the

petitioner. The copy of the objection dated 9.7.2014

made by the petitioner is being annexed herewith as


26. That the proceedings u/s 145(1) of Cr.P.C. in the court

of Additional City Magistrate- II, Lucknow is still pending

and there was no any order passed or the objection

was decided till date and the case has been fixed for

23.9.2015.

27. That the private opposite party No. 8 and 9 colluded

with the Government authorities, in a most arbitrary,

illegal and unjust manner, demolished the Pakka

residential structure and boundary wall of the petitioner

over the land Khasara No. 358 on 31.8.2015.

28. That without deciding the claim of the Waqfs and the

objection made by the petitioner, on 31.8.2015 at

around 12.00 PM the opposite party No. 4 and 5

alongwith the opposite party No. 8 and 9 reached at the

land in question with huge police force alongwith 05

JCB machines, Bajra and 02 vehicles of PAC force and

started demolition of boundary wall and the constructed

portion over the property in question.

29. That it is worth to mention that the entire process of

demolition was done without any prior notice or

information of any kind to the petitioner which can

facilitate the petitioner to present his claim before the

authorities concerned. The photographs of the scene

of demolition dated 31.8.2015 are annexed herewith as


30. That the petitioner with his folded hands requested the

opposite parties for not demolition of the property in

question but no heed was paid.

31. That the petitioner requested the opposite party No. 4

that the case of the property in question is pending

before him and he has not passed any order or the

objection made by the petitioner has been decided and

even then, how he can proceed with such an arbitrary

and illegal action of demolition of the property of the

petitioner.

32. That the opposite party No. 4 has snatched the Mobile

phone of the petitioner and order the police to take the

petitioner under police custody. The petitioner and

his family members were forcibly removed from the

place by the police and the opposite parties continued

their illegal action unabated.

33. That the aforesaid incident was published in various

newspapers on 1.9.2015. The copy of the relevant

extract of the newspapers dated 1.9.2015 are

collectively being annexed herewith as ANNEXURE


34. That thereafter, the petitioner moved an application to

various authorities on the very next date and requested

for taking appropriate action against the guilty and

unjust for himself. But till date no heed has been paid.

The true copy of the application dated 1.9.2015

alongwith the postal receipt is being annexed herewith

as ANNEXURE NO. 16 to this Writ Petition.

35. That due to the illegal and arbitrary action on the part of

the opposite parties, a property of worth of Rs. 50 lac

has been damaged.

36. That it is also worth to mention here that no legal

proceedings of any nature was ever drawn at any forum

before the opposite parties regarding the land in

question by the petitioner.

37. That no notice or opportunity has ever been given to

the petitioner by the opposite parties before resorting

the impugned action. There was absolutely no

authority of law with the said opposite parties in doing

the impugned action.

38. That the petitioner has made a representation before

the opposite party No. 2 dated 6.9.2015 but that was

too went unheeded. The copy of the representation

dated 6.9.2015 is being annexed herewith as


39. That it is also relevant to mention here that the opposite

parties took the same action to other properties of the

petitioner which was either in the name of his son

Pradeep Rastogi, daughter in law of the petitioner Mrs.

Khushboo Rastogi or in the name of the firm of the

petitioner’s son i.e. Vindya Trading Company bearing

Khasara No. 442/1 and 441/ 2.

40. That the petitioner and his family members are being

threatened by the private respondents since last 04

years and they are threatening the petitioner and his

family members to vacate the land and leave their claim

and possession from the land in question or otherwise

ready to face dire consequences. There is eminent

danger of the petitioner ’s family being forcibly

dispossessed from the property in question.

41. That it is most humbly submitted that right to live is

guaranteed under Article 300-A of the Constitution of

India and no one can be deprived from his valuable

right except in accordance with law.

42. That the impugned action is violative of provisions of

Article 14 and 21 of the Constitution of India as the

petitioner ’s property has been demolished / damaged

and the possession is being threatened to be taken

possibly without adopting any legal procedure and

giving any opportunity to the petitioner.

43. That right to shelter is the fundamental right guaranteed

under Article 21 of the Constitution of India and by

demolishing of house the petitioner has been made

shelterless.

44. That in case the petitioner is not permitted to

reconstruct the house under the same roof and

boundary wall on his plot in question, he will suffer

manifest and substantial injury.

45. That in case the petitioner’s possession over the

property is not secured, then the family of the petitioner

would have to pay huge insecurity and loss of property

including life of the petitioner’s family members.

46. That having no other alternative or efficacious remedy

except to file the present Writ Petition, the petitioner is

filing the present Writ Petition under Article 226 of the

Constitution of India, inter alia on the following;

GROUNDS

A) Because the action of the opposite parties by

demolishing the boundary wall and room constructed

into the boundary wall over the property of the

petitioner is absolutely arbitrary, illegal, unjust and

against violative of provisions of Constitution of

India.

B) Because no legal proceedings of any nature was

ever drawn at any forum before the opposite parties

regarding the land in question by the petitioner.

C) Because no notice or opportunity has ever been

given to the petitioner by the opposite parties before

resorting the impugned action. There was

absolutely no authority of law with the said opposite

parties in doing the impugned action.

D) Because the petitioner has made a representation

before the opposite party No. 2 dated 6.9.2015 but

that was too went unheeded.

E) Because the opposite parties took the same action

to other properties of the petitioner which was either

in the name of his son Pradeep Rastogi, daughter in

law of the petitioner Mrs. Khushboo Rastogi or in

the name of the firm of the petitioner’s son i.e.

Vindya Trading Company bearing Khasara No.

442/1 and 441/ 2.

F) Because the petitioner and his family members are

being threatened by the private respondents since

last 04 years and they are threatening the petitioner

and his family members to vacate the land and leave

their claim and possession from the land in question

or otherwise ready to face dire consequences.

There is eminent danger of the petitioner ’s family

being forcibly dispossessed from the property in

question.

G) Because right to live is guaranteed under Article

300-A of the Constitution of India and no one can be

deprived from his valuable right except in

accordance with law.

H) Because the impugned action is violative of

provisions of Article 14 and 21 of the Constitution of

India as the petitioner ’s property has been

demolished / damaged and the possession is being

threatened to be taken possibly without adopting any

legal procedure and giving any opportunity to the

petitioner.

I) Because right to shelter is the fundamental right

guaranteed under Article 21 of the Constitution of

India and by demolishing of house the petitioner has

been made shelterless.

J) Because in case the petitioner is not permitted to

reconstruct the house under the same roof and

boundary wall on his plot in question, he will suffer

manifest and substantial injury.

K) Because in case the petitioner’s possession over the

property is not secured, then the family of the

petitioner would have to pay huge insecurity and

loss of property including life of the petitioner’s family

members.

L) Because the private opposite party No. 8 namely

Mazhar Ali Khan is resident of the same locality.

The opposite party No. 8 is Member of Executive

Council belonging to ruling party, was interested to

purchase the above property and therefore, on

several occasions he mounded pressure to the

petitioner to sell the above said property. The son

of the opposite party No. 8 i.e. opposite party No. 9

namely Faizal Nawab is Corporater of Husainabad

Ward and both of them have kept evil eyes over the

property in question. The opposite party No. 8 and

9 even threatened the petitioner at such extent that

he will grasp the property at any cost.

M) Because the opposite party No. 8 is the Mutwali of

Moti Maszid situated at plot Khasara No. 344, 345,

346 and 347 which was adjacent to the petitioner’s

plot bearing Khasara No. 358 and he is also the

member of Shiya Central Board of Waqfs, U.P.,

Lucknow and in this regard, the opposite party No. 8

has fabricated the documents mentioning several

khasara No. i.e. 373, 374, 375, 377 including

Khasara No. 358 and claimed his right over the said

Khasara No. 373, 374, 375, 377 including Khasara

No. 358.

N) Because after getting the knowledge of such

activities of opposite party No. 8 and 9 the petitioner

had applied for an information under Right to

Information Act, 2005 and sought information from

opposite party No. 10. The petitioner sought

information that as to whether the Khasara Nos.

mentioned in the preceding paragraph are the

property of the Waqfs but no information has been

provided by the opposite party No. 10 even till date.

Thereafter, on 15.4.2014 the petitioner has made an

appeal u/s 19 of Right to Information Act 2005 for

non response of the opposite party No. 10 but on the

said appeal the information has not been supplied by

the opposite party No. 10 to the petitioner till date.

O) Because thereafter on 27.1.2014 a letter was written

by Sri Syed Gulam Saiyadain, Administrative Officer,

Shiya Central Board of Waqfs, U.P., Lucknow to the

Sub Divisional Magistrate, Sadar, Lucknow for

restraining the petitioner to make any construction

or to sell the plot Khasra No. 373 to 377 including

plot Khasra No. 358 situated at Mohalla Gendkhana,

Lucknow and in reply to the notice dated 27.1.2014

the petitioner made a notice u/s 80 C.P.C. served it

to Sri Syed Gulam Saiyadein, Administrative Officer,

Shiya Central Board of Waqfs, U.P. explaining his

right over the plot Khasara Nos. as mentioned above

and also urged them not to interfere in the peaceful

possession over the property and also warned them

not to make any false claim over the said property of

the petitioner.

P) Because after receiving the notice u/s 80 C.P.C., the

Administrative Officer of Shiya Central Board of

Waqfs, U.P., Lucknow wrote a letter dated 12.5.2014

to the opposite party No. 8 to verify the claim over

the plot Khasara Nos. as mentioned above and on

7.5.2012 the petitioner wrote letter to the

Administrative Officer, Shiya Central Board of

Wadfs, U.P. to issue ‘no objection certificate’ over

the claim made by the Shiya Central Board of

Waqfs over the property of the petitioner.

Q) Because again on 26.6.2014 the petitioner made

representation in the form of notice to Syed Gulam

Saiyadein, Administrative Officer, Shiya Central

Board of Waqfs, U.P., Lucknow and again the

petitioner clarified his peaceful possession over the

property and also mentioned a conspiracy made by

the opposite party No. 8 and 9 including the area

Lekhpal that how they made a conspiracy to make

the claim over the property of the petitioner.

R) Because on 12.6.2014 the Additional District

Magistrate (Nagar Paschim), Lucknow wrote a letter

to the petitioner calling his explanation for illegal

possession and disposal of the property of the

petitioner and the petitioner made a detailed reply

to the explanation called by the Additional District

Magistrate (Nagar Paschim) on 28.6.2014 alongwith

the affidavit and explaining his right over the plot

Khasara No. 358 and conspiracy made by the

opposite party No. 8 and 9 to grasp the property of

the petitioner.

S) Because on the application made by Syed Gulam

Saiyadein, Administrative Officer, Shiya Central

Board of Waqfs in the court of Additional City

Magistrate –II, Lucknow u/s 145(1) Cr.P.C., the

Hon'ble Court has passed an order dated 18.6.2014.

In the order dated 18.6.2014, the Additional City

Magistrate- II, Lucknow on the report of Station

Officer, Thakurganj initiated a proceedings u/s

145(1) Cr.P.C. regarding Khasara plot No. 373 to

377 and asked the party to make their claim by filing

objection either in written or oral evidences.

T) Because the petitioner made a detailed objection on

the proceedings u/s 145(1) of Cr.P.C. on dated

9.7.2014 in which the petitioner made a detailed

explanation and averments that the plot Khasara

Nos. 373 to 377 is the land of Friends Cooperative

Housing Society and Plot Khasara No. 358 is the

personal property of the petitioner.

U) Because the proceedings u/s 145(1) of Cr.P.C. in

the court of Additional City Magistrate- II, Lucknow is

still pending and there was no any order passed or

the objection was decided till date and the case has

been fixed for 23.9.2015.

V) Because the private opposite party No. 8 and 9

colluded with the Government authorities, in a most

arbitrary, illegal and unjust manner, demolished the

Pakka residential structure and boundary wall of the

petitioner over the land Khasara No. 358 on

31.8.2015.

W) Because without deciding the claim of the Waqfs

and the objection made by the petitioner, on

31.8.2015 at around 12.00 PM the opposite party

No. 4 and 5 alongwith the opposite party No. 8 and 9

reached at the land in question with huge police

force alongwith 05 JCB machines, Bajra and 02

vehicles of PAC force and started demolition of

boundary wall and the constructed portion over the

property in question.

X) Because the entire process of demolition was done

without any prior notice or information of any kind to

the petitioner which can facilitate the petitioner to

present his claim before the authorities concerned.

Y) Because the petitioner requested the opposite party

No. 4 that the case of the property in question is

pending before him and he has not passed any

order or the objection made by the petitioner has

been decided and even then, how he can proceed

with such an arbitrary and illegal action of demolition

of the property of the petitioner.

Z) Because the petitioner moved an application to

various authorities on the very next date and

requested for taking appropriate action against the

guilty and unjust for himself. But till date no heed

has been paid and due to the illegal and arbitrary

action on the part of the opposite parties, a property

of worth of Rs. 50 lac has been damaged.

PRAYER

WHEREFORE, it is most respectfully prayed that this

Hon'ble High Court may kindly be pleased to :

i) Issue a writ, order or direction in the nature of

mandamus commanding the opposite parties not to

interfere in the peaceful possession of the petitioner

in Plot Khasara No. 358 situated at Gendkhana,

Hussainabad, Lucknow.

ii) issue a writ, order or direction in the nature of

mandamus commending the opposite parties to pay

compensation and damages caused due to illegal

demolition conducted by the opposite parties.

iii) issue a writ, order or direction in the nature of

mandamus commending the opposite parties to

grant permission to the petitioner to reconstruct and

to raise the boundary wall around the property.

iv) issue a writ, order or direction in the appropriate

nature instituting an enquiry into the entire impugned

action followed by the appropriate action, disciplinary

or otherwise against the person (s) found guilty in

the enquiry.

v) issue a writ, order or direction which this Hon'ble

High Court deems fit and proper in the

circumstances of the case, in favour of the petitioner.

vi) Cost of the Writ Petition may be awarded in favour of

the petitioner.

Dated : Lucknow , 2015

(Meenakshi Singh) Advocate

Counsel for the Petitioner



Anil Kumar Rastogi … Petitioner Versus

State of U.P. & others .. Opposite parties

AFFIDAVIT

I, Anil Kumar Rastogi, Caste - , Religion- Hindu,

aged about 58 years, son of Late Bindeshwari Prasad

Rastogi, resident of Khasara Plot No. 358, Gendkhana,

Husainaband, Pargana, Tehsil & District- Lucknow, presently

residing at 466/ 41- C, New Peer Bukhara, Thakurganj,

Lucknow, Qualification - , Occupation- ,

the deponent, do hereby solemnly affirm and state on oath as

under-

1. That the deponent is the petitioner in the aforesaid Writ

Petition and, as such, he is fully conversant with the

facts deposed to hereunder. The photograph/ ID Proof

of the deponent are attached/ affixed herewith.

2. That the contents of para of the

accompanying writ petition are true to the personal

knowledge of the deponent and those of para

are based on records and those of para of

the writ petition are based on legal advice believed to

be true by the deponent.

3. That the Annexures No. 1 to 17 to the accompanying

writ petition are true Photostat/ typed copies of their

originals and are duly compared and verified by the

deponent.

Dated : Lucknow. , 2015 DEPONENT

VERIFICATION

I, the above named deponent, do hereby verify that the

contents of para 1 to 3 of this affidavit are true to my

personal knowledge. No part of it is false and nothing

material has been concealed. So help me God.

Dated : Lucknow. , 2015 DEPONENT

I identify the deponent who has signed before me who is known to me on the basis of records produced by him before me.

(Santosh Kumar Singh) Advocate

Advocate on Roll No. A/S 0423)) Chamber No. 56, New Building

High Court, Lucknow.

Solemnly affirmed before me on

at a.m./p.m. by the deponent, Anil Kumar Rastogi,

who is identified by Sri Santosh Kumar Singh, Advocate

(Advocate on Roll No. A/S 0423), High Court.

I have satisfied myself by examining the deponent who

understands the language of this affidavit which have been

read over and explained by me to him.


C.M. Application No. of 2015

in re :Writ Petition No. (MB) of 2015

Anil Kumar Rastogi, aged about 58 years, son of Late Bindeshwari Prasad Rastogi, resident of Khasara Plot No. 358, Gendkhana, Husainaband, Pargana, Tehsil & District- Lucknow, presently residing at 466/ 41- C, New Peer Bukhara, Thakurganj, Lucknow.

….. Petitioner

Versus

1. State of U.P. through the Principal Secretary, Urban & Planning Department, Government of U.P., Lucknow.

2. Commissioner, Nagar Nigam, Lucknow.

3. District Magistrate, Lucknow.

4. Sri Shailendra Kumar Mishra, Additional City Magistrate- II, Lucknow, Collectorate Compound, Lucknow.

5. Sri Binno Rizvi, Zonal Officer, Zone- 6, Nagar Nigam, Lucknow.

6. Circle Officer, Chawk, Lucknow.

7. Station Officer, P.S. Thakurganj, Lucknow.

8. Mazhar Ali Khan @ Bukkal Nawab, son of Late Abid Ali, resident of Gendkhana, Husainabad, Police Station Thakurganj, Lucknow.

9. Faizal Nawab, son of Mazhar Ali Khan, resident of Gendkhana, Husainabad, Police Station Thakurganj, Lucknow.

10. Shiya Central Board of Waqfs, U.P., Lucknow through its Chairman.

…..Opp. parties.

APPLICATION FOR INTERIM RELIEF

The applicant/ petitioner, named above, most

respectfully begs to submit as under –

For the facts, grounds and circumstances stated in the

accompanying Writ Petition supported by an affidavit, it is

most respectfully prayed that this Hon'ble Court may kindly

be pleased to direct the opposite parties not to interfere in the

peaceful possession of the petitioner in Plot Khasara No.

358 situated at Gendkhana, Hussainabad, Lucknow and

further to direct the opposite parties to pay compensation and

damages caused due to illegal demolition conducted by the

opposite parties. It is also prayed that this Hon'ble Court

may be pleased to direct the the opposite parties to grant

permission to the petitioner to reconstruct and to raise the

boundary wall around the property and further to direct them

to institute an enquiry into the entire impugned action

followed by the appropriate action, disciplinary or otherwise

against the person (s) found guilty in the enquiry, during the

pendency of the present Writ Petition.

Any other relief which this Hon'ble Court deems fit and

proper in the circumstances of the case, may kindly be

granted in favour of the petitioner, in the interest of justice.




Code No :Group : District :





INDEX

Sl.No. Particulars Pages1. List of Dates & Events2. Application for Interim relief3. Memorandum of Writ Petition 4. Annexure No. 1 :

Copy of 5. Annexure No. 2 :


Copy of 7. Annexure No. 4:




Copy of 12. Affidavit13. Vakalatnama








LIST OF DATES & EVENTS

Dates Events




Documents

Anil Kumar Rastogi - W.P.-2015