High Court · 2025

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents, Sri Shailesh Kumar Pathak, learned counsel appearing for the opposite party no.6 and Sri Subhash Chandra Pandey, learned counsel appearing for the opposite party no. 7.

2. This writ petition has been filed with the following main prayers;- "1. A writ order or direction in the nature of Mandamus be issued commanding the opposite party no. 4 to consider the instant matter under the special cell, already constituted by the opposite party no.4, under one Joint Commissioner of Police (Law and Order), to look into the complaints regarding alleged lawyers taking over the property of the petitioner.

2. A writ order or direction in the nature of Mandamus be issued commanding the opposite party no.4 to take appropriate action against the private respondent no. 8 to 11, who are in advocate uniform and are continuously threatening the petitioner and are trying to dispossess the petitioner from his premises situated at Commercial/Residential Building No. 126/14, situated at B. N. Road, Kandhari Bazar Lane, Jagdish Chandra Bose Ward, Lal Bagh, Lucknow.

3. A writ order or direction in the nature of Mandamus be issued commanding the opposite party no.4 to take appropriate action on the Annexure No.3, and the representation dated 06/08/2025 contained in Annexure No.4 and protect the life and liberty of the petitioner."

3. Learned counsel for the petitioner, at the outset, say that the there is a typographical error in the description of the opposite party no.5. She prays that she may be allowed to make necessary correction during the course of the day in the array of respondent no.5, and instead of House Station OfÏcer, Police Station - Hazrat Ganj, it should be treated as Station House OfÏcer, Police Station - Quiserbagh.

4. It has been submitted by learned counsel for the petitioner that one commercial-cum-residential building No. 126/14, situated at B. N. Road, Kandhari Bazar Lane, Jagdish Chandra Bose Ward, Lal Bagh, Lucknow is the ancestral property of the petitioner, which he has inherited through registered Will dated 07.08.2014. A SCC Suit No. 9 of 2017, 'Smt. Nirmal Mehrotra (now deceased) and another vs. M/s Mehsi Medical Center was filed for arrears of rent and eviction in which a decree was passed in favour of Smt. Nirmal Mehrotra (the deceased mother of the petitioner) and the petitioner has been handed over the vacant and peaceful possession of the property after execution case was filed, namely, Execution Case No. 12 of 2024. The private respondents no. 8 to 11 are also posing themselves as Advocates. The opposite party no. 8 is a Member of Lucknow Bar Association and the Respondents No. 10 and 11 as his Associates. The opposite party no. 9 also projects himself as an Advocate, but such Advocates are acting as 'mafia' and are trying to take over the petitioner's property. The petitioner has made several representations to the Director General of Police, Commissioner of Police and Assistant Commissioner of Police, Hazratganj through E-mail on 06.08.2025. The opposite parties no. 8 to 11 are property dealers operating under the garb and uniform of Advocates. They have threatened the life and liberty of the petitioner and in similar circumstances this Court in Criminal Misc. Writ Petition No. 8810 of 2023, Criminal Misc. Writ Petition No. 9576 of 2023, Criminal Misc. Writ Petition No. 9881 of 2023, Criminal Misc. Writ Petition No. 3500 of 2023, Criminal Misc. Writ Petition No. 8875 of 2023, Criminal Misc. Writ Petition No. 8969 of 2023 and Public Interest Litigation No. 32524 of 2018 has taken cognizance of such delinquents operating under the garb of Advocates and in compliance of an order passed by this Court in Writ Petition No. 9925(MB) of 2025, 'Prashant Singh Gaur Vs. State of U.P. and Others', an Special Investigation Team has been constituted in the matter. Since the petitioner has not been given any relief by the Police and other authorities, he has filed this writ petition praying that this matter should be referred to the Joint Commissioner of Police(Law and Order), who is looking after the Special Cell constituted in pursuance of order passed by this Court relating to matters where Advocates posing as Property Dealer are taking over unauthorized possession on the properties of the private persons.

5. Learned Standing Counsel for the State Respondents has placed before this Court a copy of instructions sent by Sub-Inspector of Police, Police Station - Qaiser Bagh, Lucknow wherein it has been stated that Sri Manish Mehrotra was contacted several times on his Mobile No. 7880514444 to know his grievance. However, he did not tell any thing on phone and stated that he would come to the Police Station and give all details. However, he has not come to the Police Station. The Investigating OfÏcer also asked Sri Manish Mehrotra of his whereabouts so that he could go to Sri Manish Mehrotra and enquire about the matter. Till date there is no cooperation on the part of the petitioner. The Investigating OfÏcer has, therefore, asked Amir Hamza Khan, the opposite party no.8 regarding the issue and he has been told that one Imran @ Shibu Khan, who is also an Advocate, has been given part of the property belonging to the petitioner's mother through a Will executed by Manish Mehrotra's brother.

6. Learned counsel for the petitioner says that she has no knowledge regarding any brother of Manish Mehrotra, who has given part of property through Will to Imran @ Shibu Khan.

7. The written instructions are kept on record.

8. Accordingly, the writ petition stands disposed of with a direction to the petitioner to approach the Station House OfÏcer, Police Station- Qaiser Bagh, Lucknow with his grievance within a week from today. Sri Manish Mehrotra shall submit all relevant papers regarding the property in question and shall also indicate whether he had any brother, who has Willed the property in favour of Imran @ Shibu Khan, Advocate, who belongs to a different religion. In case, the opposite party no.5 finds that there is an attempt at unauthorized possession of the property of the petitioner by the opposite parties no. 8 to 11, he shall refer the matter to the Special Cell constituted under the orders of the Court in the aforesaid Writ Petition No. 9925(MB) of 2025, 'Prashant Singh Gaur Vs. State of U.P. and Others', within two weeks thereafter. Order Date :- 20.8.2025 Darpan Sharma DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents, Sri Shailesh Kumar Pathak, learned counsel appearing for the opposite party no.6 and Sri Subhash Chandra Pandey, learned counsel appearing for the opposite party no. 7.

2. This writ petition has been filed with the following main prayers;- "1. A writ order or direction in the nature of Mandamus be issued commanding the opposite party no. 4 to consider the instant matter under the special cell, already constituted by the opposite party no.4, under one Joint Commissioner of Police (Law and Order), to look into the complaints regarding alleged lawyers taking over the property of the petitioner.

2. A writ order or direction in the nature of Mandamus be issued commanding the opposite party no.4 to take appropriate action against the private respondent no. 8 to 11, who are in advocate uniform and are continuously threatening the petitioner and are trying to dispossess the petitioner from his premises situated at Commercial/Residential Building No. 126/14, situated at B. N. Road, Kandhari Bazar Lane, Jagdish Chandra Bose Ward, Lal Bagh, Lucknow.

3. A writ order or direction in the nature of Mandamus be issued commanding the opposite party no.4 to take appropriate action on the Annexure No.3, and the representation dated 06/08/2025 contained in Annexure No.4 and protect the life and liberty of the petitioner."

3. Learned counsel for the petitioner, at the outset, say that the there is a typographical error in the description of the opposite party no.5. She prays that she may be allowed to make necessary correction during the course of the day in the array of respondent no.5, and instead of House Station OfÏcer, Police Station - Hazrat Ganj, it should be treated as Station House OfÏcer, Police Station - Quiserbagh.

4. It has been submitted by learned counsel for the petitioner that one commercial-cum-residential building No. 126/14, situated at B. N. Road, Kandhari Bazar Lane, Jagdish Chandra Bose Ward, Lal Bagh, Lucknow is the ancestral property of the petitioner, which he has inherited through registered Will dated 07.08.2014. A SCC Suit No. 9 of 2017, 'Smt. Nirmal Mehrotra (now deceased) and another vs. M/s Mehsi Medical Center was filed for arrears of rent and eviction in which a decree was passed in favour of Smt. Nirmal Mehrotra (the deceased mother of the petitioner) and the petitioner has been handed over the vacant and peaceful possession of the property after execution case was filed, namely, Execution Case No. 12 of 2024. The private respondents no. 8 to 11 are also posing themselves as Advocates. The opposite party no. 8 is a Member of Lucknow Bar Association and the Respondents No. 10 and 11 as his Associates. The opposite party no. 9 also projects himself as an Advocate, but such Advocates are acting as 'mafia' and are trying to take over the petitioner's property. The petitioner has made several representations to the Director General of Police, Commissioner of Police and Assistant Commissioner of Police, Hazratganj through E-mail on 06.08.2025. The opposite parties no. 8 to 11 are property dealers operating under the garb and uniform of Advocates. They have threatened the life and liberty of the petitioner and in similar circumstances this Court in Criminal Misc. Writ Petition No. 8810 of 2023, Criminal Misc. Writ Petition No. 9576 of 2023, Criminal Misc. Writ Petition No. 9881 of 2023, Criminal Misc. Writ Petition No. 3500 of 2023, Criminal Misc. Writ Petition No. 8875 of 2023, Criminal Misc. Writ Petition No. 8969 of 2023 and Public Interest Litigation No. 32524 of 2018 has taken cognizance of such delinquents operating under the garb of Advocates and in compliance of an order passed by this Court in Writ Petition No. 9925(MB) of 2025, 'Prashant Singh Gaur Vs. State of U.P. and Others', an Special Investigation Team has been constituted in the matter. Since the petitioner has not been given any relief by the Police and other authorities, he has filed this writ petition praying that this matter should be referred to the Joint Commissioner of Police(Law and Order), who is looking after the Special Cell constituted in pursuance of order passed by this Court relating to matters where Advocates posing as Property Dealer are taking over unauthorized possession on the properties of the private persons.

5. Learned Standing Counsel for the State Respondents has placed before this Court a copy of instructions sent by Sub-Inspector of Police, Police Station - Qaiser Bagh, Lucknow wherein it has been stated that Sri Manish Mehrotra was contacted several times on his Mobile No. 7880514444 to know his grievance. However, he did not tell any thing on phone and stated that he would come to the Police Station and give all details. However, he has not come to the Police Station. The Investigating OfÏcer also asked Sri Manish Mehrotra of his whereabouts so that he could go to Sri Manish Mehrotra and enquire about the matter. Till date there is no cooperation on the part of the petitioner. The Investigating OfÏcer has, therefore, asked Amir Hamza Khan, the opposite party no.8 regarding the issue and he has been told that one Imran @ Shibu Khan, who is also an Advocate, has been given part of the property belonging to the petitioner's mother through a Will executed by Manish Mehrotra's brother.

6. Learned counsel for the petitioner says that she has no knowledge regarding any brother of Manish Mehrotra, who has given part of property through Will to Imran @ Shibu Khan.

7. The written instructions are kept on record.

8. Accordingly, the writ petition stands disposed of with a direction to the petitioner to approach the Station House OfÏcer, Police Station- Qaiser Bagh, Lucknow with his grievance within a week from today. Sri Manish Mehrotra shall submit all relevant papers regarding the property in question and shall also indicate whether he had any brother, who has Willed the property in favour of Imran @ Shibu Khan, Advocate, who belongs to a different religion. In case, the opposite party no.5 finds that there is an attempt at unauthorized possession of the property of the petitioner by the opposite parties no. 8 to 11, he shall refer the matter to the Special Cell constituted under the orders of the Court in the aforesaid Writ Petition No. 9925(MB) of 2025, 'Prashant Singh Gaur Vs. State of U.P. and Others', within two weeks thereafter. Order Date :- 20.8.2025 Darpan Sharma DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench