IN THE HONBLE 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 & DistrictLucknow, 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 Honble Chief Justice and his companion
Honble 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

dispossessing the petitioner

situated

at

Hussainabad,

Khasra

No.

Pargana,

from

from the land

358,

Tehsil

Gendkhana,
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 petitioners 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

herewith as ANNEXURE NO. 6 to this Writ Petition.

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

ANNEXURE NO. 8 to this Writ Petition.

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
NO. 9 to this Writ Petition.

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

herewith as ANNEXURE NO. 10 to this Writ Petition.

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
NO. 11 to this Writ Petition.

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

ANNEXURE NO. 14 to this Writ Petition.

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
ANNEXURE NO. 14 to this Writ Petition.

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.
extract

of

the

The copy of the relevant

newspapers

dated

1.9.2015

are

collectively being annexed herewith as ANNEXURE

NO. 15 to this Writ Petition.

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

ANNEXURE NO. 17 to this Writ Petition.

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
petitioners 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 petitioners 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 petitioners 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 petitioners 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 petitioners 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 petitioners
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 petitioners

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

IN THE HONBLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, LUCKNOW BENCH, LUCKNOW.
Writ Petition No.

(MB) of 2015

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
personal knowledge.

of this affidavit are true to my

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.

IN THE HONBLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, LUCKNOW BENCH, LUCKNOW.

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 & DistrictLucknow, 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,
pendency of the present Writ Petition.

during the

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.

Dated : Lucknow
, 2015
(Meenakshi Singh)
Advocate
Counsel for the Petitioner

Code No :
Group :
District :

IN THE HONBLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, LUCKNOW BENCH, LUCKNOW.
Writ Petition No.

(MB) of 2015

Anil Kumar Rastogi

Petitioner
Versus

State of U.P. & others

.. Opposite parties

INDEX
Sl.No.
Particulars
1.
List of Dates & Events
2.
Application for Interim relief
3.
Memorandum of Writ Petition
4.
Annexure No. 1 :
Copy of
5.
Annexure No. 2 :
Copy of
6.
Annexure No. 3 :
Copy of
7.
Annexure No. 4:
Copy of
8.
Annexure No. 5 :
Copy of
9.
Annexure No. 6:
Copy of
10.
Annexure No. 7:
Copy of
12.
Affidavit
13.
Vakalatnama

Pages

Dated : Lucknow
, 2015
(Meenakshi Singh)
Advocate
Counsel for the Petitioner
IN THE HONBLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW.
Writ Petition No.

(MB) of 2015

Anil Kumar Rastogi

Petitioner
Versus

State of U.P. & others

.. Opposite parties

LIST OF DATES & EVENTS

Dates

Events

Dated : Lucknow
, 2015
(Meenakshi Singh)
Advocate
Counsel for the Petitioner