Disposed¶17

Anjan Kumar Banerjee and 22 Others v. State of U.P. Thru. Prin. Secy. Housing and Urban Development Lko and 3 Others

Allahabad HC21 Nov 2025WRIC/11359/2025

Case brief

AI extract

What is this about?

UP Apartment Act 2010 eviction mandamus writ petition; Lucknow Development Authority respondent No.3 representation 17.09.2025 unauthorized occupants; Eldeco Elegance Residents Welfare Association garage misuse; vakalatnama Pratyush Chaube taken on record; notice to respondent No.4 both ways; listed 12.12.2025; Allahabad High Court Lucknow Bench, Chandra & Rai JJ., interim order, Writ-C 11359 of 2025.

What did the court decide?

No substantive relief granted at this hearing; interim directions only - notice to respondent No.4 by both ways, petitioner to complete steps/service affidavit, LDA counsel to seek instructions on garage misuse, matter listed for 12.12.2025. ¶17

Anjan Kumar Banerjee and 22 Others vs State of U.P. Thru. Prin. Secy. Housing and Urban Development Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent/opposite party No.3 (identified as Lucknow Development Authority) should be commanded/directed by writ of mandamus to take an appropriate decision on the petitioners' representation submitted on 17.09.2025 (Annexure No.1) and ensure eviction of unauthorized occupants in accordance with the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, Rules 2011, Model Byelaws and the Byelaws of the Society.

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Court's answer

Learned counsel for the LDA is directed to seek instructions with regard to misuses of garages allotted to the residents of the Eldeco Elegance Residents Welfare Association.

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Ratio / Principle

Vakalatnama filed by Shri Pratyush Chaube, learned counsel on behalf of respondent No.3, is taken on record.

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Key takeaways

The Bench ordered issue of notice to respondent No.4 by both ways, returnable at an early date.ratio¶15
The petitioner was directed to take steps within one week and file an affidavit of service within two weeks.ratio¶16
The matter is to be listed on 12.12.2025, showing the name of Shri Pratyush Chaube as counsel for respondent No.3.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 2 - Hon'ble Mrs. Sangeeta Chandra, J. and Hon'ble Amitabh Kumar Rai, J. - 21 November 2025 - WRIT - C No. 11359 of 2025 (Anjan Kumar Banerjee and 22 others v. State of U.P. thru Prin. Secy., Housing and Urban Development, Lucknow and 3 others). Interim order on a writ petition seeking mandamus to opposite party No.3 (respondent No.3 - Lucknow Development Authority) to take an appropriate decision on the petitioners' representation of 17.09.2025 (Annexure No.1 to the writ petition) and ensure eviction of unauthorized occupants in accordance with the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, Rules 2011, Model Byelaws and the Byelaws of the Society. Actions taken: vakalatnama of Shri Pratyush Chaube (counsel for respondent No.3) taken on record; notice ordered to respondent No.4 by both ways, returnable at an early date; petitioner to take steps within one week and file affidavit of service within two weeks; matter listed for 12.12.2025; counsel for the LDA to seek instructions regarding misuse of garages allotted to residents of the Eldeco Elegance Residents Welfare Association. No substantive determination made; petition pending.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - C No. - 11359 of 2025

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Anjan Kumar Banerjee And 22 Others

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Housing And Urban Development Lko And 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s) : Aarushi Tiwari, Madhumita Bose Counsel for Respondent(s) : C.S.C., Pratyush Chaube, Ratnesh Chandra

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Court No. - 2

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HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J.

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Vakalatnama filed today by Shri Pratyush Chaube, learned counsel on behalf of respondent No.3 is taken on record.

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We have heard Ms. Madhumita Bose, learned counsel for the petitioners, Shri Pratyush Chaube, learned counsel appearing on behalf of respondent No.3- Lucknow Development Authority and learned Standing Counsel, who appears on behalf of respondent Nos.1 and 2.

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This petition has been filed with the following prayers :-

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"(i) Issue a writ, order or direction in the nature of mandamus commanding/directing the opposite party No.3 to take appropriate decision on the representation of petitioners submitted on 17.09.2025 (contained in Annexure No.1 to the writ petition) and ensure eviction of unauthorized occupants, in accordance with the provisions of Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, Rules 2011, Model Byelaws and the Byelaws of the Society."

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Issue notice to respondent No.4 by both ways, returnable at an early date.

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The petitioner shall take steps within one week and file an affidavit of service within two weeks.

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List this matter on 12.12.2025 showing the name of Shri Pratyush Chaube as counsel for respondent No.3.

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WRIC No. 11359 of 2025

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Learned counsel for the LDA shall seek instructions with regard to misuses of garages allotted to the residents of the Eldeco Elegance Residents Welfare Association.

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(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) November 21, 2025 Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Anjan Kumar Banerjee and 22 Others v. State of U.P. Thru. Prin. Secy. Housing and Urban Development Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Anjan Kumar Banerjee and 22 Others v. State of U.P. Thru. Prin. Secy. Housing and Urban Development Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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