Jagnayak Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and 8 others

Heard learned counsel for the applicant, Sri Ratnesh Chandra, learned counsel for the Lucknow Development Authority and Ms. Bina Kumari Bajpai, learned counsel appearing for respondent no.3.

#2. The present application is filed with the following prayer :- (a) Quash the order dated 12-05-2022 passed by the learned Chief Judicial Magistrate Lucknow, in Misc. Case No. 1674/2022 (Jag Nayak Singh versus Dr. Vineet Agrawal and Others), rejecting the Applicant's application under section 156(3) Cr.P.C. which is annexed as Annexure No.1 to this petition. State of U.P. 2 A482 No. - 9127 of 2025 & others) upholding the CJM's Order. which is annexed as Annexure No.2 to this petition. (b) Direct the police station Krishna Nagar Lucknow to register an FIR based on the applicant's application under section 156(3) Cr.P.C. and ensure a fair and expeditious investigation. (c) Pass any other order or direction which is deemed fit and proper in the circumstances of the case in favour of the petitioner."

3.1 Learned counsel for the applicant submitted that applicant is a retired government servant and he had purchased a property No. H-2/89, Sector-D, L.D.A. Colony, Kanpur Road, P.S. Krishna Nagar, Lucknow, area 384.79 sq. meter. Another property, H-2/88, Sector-D, L.D.A. Colony, Kanpur Road, P.S. Krishna Nagar, Lucknow having same area was purchased by Dr. Vineet Agarwal s/o Late Ram Prakash Agarwal & Prachi Agrawal w/o Anugrah Agrawal from the Lucknow Development Authority vide Registry No.6554 dated 25.11.2004. He further submitted that the property purchased by the applicant was in the original construction, but he was being victimized by the officials of Lucknow Development Authority on the behest of the owners of the other adjoining property by means of issuing notices for illegal construction. However, under the Right to Information Act, 2005, when the detail of the property, which was sold out by the Lucknow Development Authority to the applicant as well as the 3 A482 No. - 9127 of 2025 encroached area, was asked from the officials of Lucknow Development Authority, then the proceeding against the applicant was dropped. He also submitted that Dr. Prachi Agarwal and Dr. Vineet Agrawal were making illegal construction in violation of the legal provisions, which was reported, on which, notice was issued to them but in the notice, the area of the property No.H-2/88, Sector-D, L.D.A. Colony, Kanpur Road, P.S. Krishna Nagar, Lucknow was shown as 300 sq.meter in place of 384.79 sq. meter by the officials of Lucknow Development Authority only with the intention to give benefit to the opposite party nos.2 & 3. He next submitted that vide order dated 10.2.2020, opposite party nos.2 & 3 were directed to stop the construction work, but same was not stopped. Thereafter, on 20.10.2020, a complaint was made by the applicant that illegal construction has been done by the owner of the property No.H-2/88, Sector-D, L.D.A. Colony, Kanpur Road, P.S. Krishna Nagar, Lucknow with the association of the officials of Lucknow Development Authority, the said illegal construction on the aforesaid property was sealed.

3.2. Submission of learned counsel for the applicant is that on

5.11.2020, Executive Engineer, Power Corporation was also directed not to give electricity connection on the property No.H- 2/88, Sector D, L.D.A. Colony, Kanpur Road, Lucknow, and in case, it was given, same be disconnected. He further submitted 4 A482 No. - 9127 of 2025 that on 18.12.2020 & 13.1.2021, false affidavits were given by the opposite party nos.2 & 3 that only some renovation work has to be done in aforesaid property, and order dated 1.2.2021 was passed by the competent authority for opening the seal of the property in question for ten days. However, on the complaint of the applicant, illegal construction was sealed by the authorities on

8.3.2021. He also submitted that opposite party no.2 and 3- owner of the property No.H-2/88, Sector-D, L.D.A. Colony, Kanpur Road, P.S. Krishna Nagar, Lucknow were continuously making construction illegally with the association of Jahoor Alam, Assistant Engineer, Kamal Jeet Singh, Executive Engineer, Mohd. Imtiyaz, Junior Engineer, Vinod Shankar Singh, Executive Engineer, Diwakar Tripathi, Executive Engineer, Enforcement Zone 2, Dharmendra Kumar Singh, Prescribed Authority, Lucknow Development Authority. Therefore, applicant filed an application before the A.C.J.M., Custom, Lucknow under Section 156(3) Cr.P.C. for lodging of F.I.R. against the officials of Lucknow Development Authority, but the said application was rejected, thereafter, applicant preferred revision, which was also rejected.

3.3. Learned counsel for the applicant vehemently submitted that the officials of Lucknow Development Authority deliberately shown the area of the property in question as 300 sq. meter in place of 38.79 sq. meter and are allowing the owner of the 5 A482 No. - 9127 of 2025 property for carrying out illegal construction, despite a proceeding is going on since 2020, and therefore, indulgence of this Court is necessary.

#4. Ms. Bina Kumari Bajpai, learned counsel for respondent no.3 as well as Sri Ratnesh Chandra, learned counsel for the Lucknow Development Authority vehemently opposed the prayer of the applicant and submitted that proceeding is going on under the provisions of Urban Planning and Development Act, 1973 against opposite party no.3 and an appeal bearing Case No.3576 of 2024 was preferred in re; property No.H-2/88, Sector-D, L.D.A. Colony, Kanpur Road, P.S. Krishna Nagar, Lucknow, which is pending before the Commissioner, Lucknow Division, Lucknow. It has also been informed by Sri Ratnesh Chandra, learned counsel for the Lucknow Development Authority that authority is making all the efforts for final disposal of the appeal and appropriate action was taken for sealing of the property in question. Learned counsel for the respondents lastly submitted that there is no illegality in the orders passed by the Chief Judicial Magistrate as well as revisional court, therefore, the present application is liable to be dismissed.

#5. Considering the submissions of learned counsel for the applicant, learned counsel for L.D.A. and learned counsel for the respondent no.3 as well as going through the contents of the application as well as relevant record of the property, i.e., H-2/88, 6 A482 No. - 9127 of 2025 Sector D, L.D.A. Colony, Kanpur Road, Lucknow. It is evident that in the proceeding, which was initiated as Case No.52 of 2020, the area of the property in question has been shown 300 sq. meter at everywhere in the order sheet. Sri Ratnesh Chandra, learned counsel for the Lucknow Development Authority admitted this fact that area of the property in question is 384.79 sq. meter, however, he is unable to explain the reason as to why wrong area of the property in question is mentioned in the show cause notice. The record further reveals that proceeding under Section 28 of U.P. Urban Planning & Development Act, 1973 is going on against the owner of the property No.H-2/88, Sector-D, L.D.A. Colony, Kanpur Road, P.S. Krishna Nagar, Lucknow since 2020 and sealing orders were passed for illegal constructions. The record also reveals that construction of basement is being done on the property in question and house of the applicant is adjoining to the said property. In such circumstances, it is also evident from the record, the allegations of applicant are that the officials of L.D.A. are not acting in accordance with the law, there might be a dereliction of duty on their part, however, no occasion of lodging of the F.I.R. is arisen.

#6. In view of the above, the present application is disposed of with the liberty to the applicant to move appropriate application 7 A482 No. - 9127 of 2025 before the Director, Vigilance (Establishment), U.P. for his grievance against the officials of Lucknow Development Authority with the allegation that they are acting in violation of the legal provisions as well as mentioning the wrong area in the proceedings to give favour to the owner of the property No.H- 2/88, Sector D, L.D.A., Colony, Kanpur Road, Lucknow for raising the illegal constructions and in case, any application is filed, it is expected from the Director, Vigilance (Establishment), U.P. to take necessary decision, in accordance with the law.

#7. The Bench Secretary of this Court is directed to return the original record of Case No.52 of 2020 & Case No.489 of 2022 to the learned counsel for the Lucknow Development Authority. January 22, 2026 Gaurav (Rajeev Singh,J.)