Mohammad Ali Khan vs State of U.P. Thru. Prin. Secy. Deptt. of Urban Development, Lko. and Others — Allahabad HC (2026) — LawSathi Research

Mohammad Ali Khan vs State of U.P. Thru. Prin. Secy. Deptt. of Urban Development, Lko. and Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 2 to decide the petitioner's representation dated 20.05.2023 (Annexure No. 7) expeditiously, preferably within three months from the date of production of a certified copy of the order, after providing an opportunity of hearing to the petitioner.

Issue for consideration

Whether a writ of certiorari should issue quashing and setting aside the order dated 01.11.2023 (Annexure No. 1) passed by respondent no. 4 under Section 80 Revenue Code, 2006. +2 more

Ratio / Principle

The writ petition is disposed of with a direction to respondent no. 2 to decide the petitioner's representation dated 20.05.2023 (Annexure No. 7) expeditiously, preferably within a period of three months from the date of production of a certified copy of the order, after providing an opportunity of hearing to the petitioner. The three prayers (restraint, permit extension, quashing) were not decided on merits.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 5, Sudhanshu Chauhan, J. — Writ petition by Mohammad Ali Khan sought (i) mandamus restraining respondents no. 1 to 4 from interfering with construction and development of his property, (ii) mandamus directing respondent no. 5 to extend the building plan permit issued through office letter dated 15.05.2019 for a further period of 5 years, and (iii) certiorari quashing the order dated 01.11.2023 passed by respondent no. 4 under Section 80 Revenue Code, 2006. Learned standing counsel pointed out that the property stands attached under the Gangsters Act and that a detailed representation dated 20.05.2023 was pending before respondent no. 2. Without deciding the prayers on merits, the Court disposed of the writ petition directing respondent no. 2 to decide the representation dated 20.05.2023 (Annexure No. 7) expeditiously, preferably within three months from production of a certified copy of the order, after providing an opportunity of hearing to the petitioner.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 5734 of 2026

Mohammad Ali Khan

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development, Lko. And Others

eveopmen, o. n	rs .....Respondent(s)
Counsel for Petitioner(s)	: Mohd. Afghan Khan, Mohd Kaif Khan, Shreet Raj Jaiswal, Siddhartha Kumar
Counsel for Respondent(s)	: C.S.C.

Court No. - 5

HON'BLE SUDHANSHU CHAUHAN, J.

Heard learned counsel for the petitioner and learned standing counsel for the State-respondents.

The petitioner by means of the present writ petition has prayed for the following relief:

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to 4 not to interfere in the construction and development of petitioner's property.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 5 to extend the permit of building plan issued through कायार्लय पत्र सं० 549/ िव०/िन०प्रा०िव० dated 15.05.2019 for a further period of 5 years.

(iii) Issue a writ, order or direction in the nature of writ of certiorari for quashing and setting aside order dated 01.11.2023 (Annexure No. 1) passed by respondent no. 4 in case no. ... under Section 80 Revenue Code, 2006."

As far as the order dated 01.0112023 is concerned, the learned standing counsel has pointed out that the aforesaid property has been attached under the Gangsters Act. It is further submitted that the petitioner has already made a detailed representation dated 20.05.2023 before the respondent no. 2 and appropriate direction be issued to the respondent no. 2 in that regard.

WRIC No. 5734 of 2026

2

Under the circumstances, the writ petition is disposed of with a direction to the respondent no. 2 to decide the representation dated 20.05.2023 of the petitioner, morefully contained as Annexure No. 7 to the writ petition expeditiously and preferably within a period of three months from the date of production of a certified copy of this order after providing an opportunity of hearing to the petitioner.

(Sudhanshu Chauhan,J.)

June 2, 2026 Arif

Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad, Lucknow Bench