Smt. Meena Devi vs Union Of India Thru. Secy. Ministry Home
Case Details
by Sri Dipanshu Das, learned counsel for the respondents no. 1 to 3 and Sri Mukund Tewari, Advocate, who has filed his vakalatnama alongwith written instructions on behalf of the opposite party no.5, which are taken on record.
2. This writ petition has been filed with the following main prayers:- "i. ISSUE, writ, order or direction in the nature of CERTIORARI quashing the notification if any, issued invoking the provisions of Section-3, 5A and 15 of the Act, 1968 after summoning its original from the custody of the Opp. Parties 1 to 3 in accordance with law. ii. ISSUE, writ, order or direction in the nature of MANDAMUS commanding the opp. parties to release the property of the petitioner described in Para No. 28 of the writ petition and hand- over the property in her favor in accordance with law. iii. ISSUE, writ, order or direction in the nature of MANDAMUS commanding the Opp. Party No.03 to refrain from allot or provide in anyway, the property in question to use for commercial-purpose or for use in anyway by the Opp. Party No.5." 2 WRIC No. 8298 of 2025
3. It is the case of the petitioner that her maternal grandfather was Late Brij Pal Singh was Talukedar and has property at several places in Lucknow in Bakshi Ka Talab, and also in Lakhimpur Kheri, Pilibhit and other Districts. The Viceroy and Governor General of India had executed a lease deed on 09.07.1920 in favour of Late Brij Pal Singh in respect of Nazul land Gata Nos. 152, 153, 154 and 155 situated in Muhaal Station - Ganeshganj, Mohalla - Hazratganj, Tehsil & District- Lucknow. The Collector had executed a registered deed in favour of Late Brij Pal Singh
01.02.1922 and gave him right to use the property according to his choice and that it would be inheritable also by the successors of Late Brij Pal Singh. A copy of the registered deed dated
01.02.1922 executed by the Collector, Lucknow has been filed as Annexure-03 to the petition. Late Brij Pal Singh constructed a Kothi on the land in dispute during his lifetime and his successors came into possession of the Kothi, which is also known as Butler Kothi. The entire area of the 4 Gatas i.e. Gata Nos. 152, 153, 154 and 155 is about 8 Bigha, 8 Biswa and 19 Biswansi and it is situated in Muhaal Station - Ganeshganj, Mohalla - Hazratganj, Tehsil & District- Lucknow. The petitioner has tried to collect documents from the Revenue Authorities for example extract of Khatauni of 1332 fasli, but it was not provided to the petitioner. The answer given to the Advocate that the record was not available. The petitioner again moved an application praying for extract of Khatauni of 1359 fasli. However, it was also denied as being not available in the record room. Late Brij Pal Singh died on
24.05.1985. After his death his other family members including the petitioner remained in possession of the said house (Butler Kothi) and have their lock on the said house till date. Once the petitioner visited the house in question, she found construction/renovation work was being carried out and on finding out the details, she came to know that the Vice Chancellor of Lucknow Development Authority had issued some orders. The petitioner made a representation of the Vice Chancellor of Lucknow Development Authority on 29.09.2023 that she is a resident of Village Bamrauli, Pargana & Tehsil Bisalpur, District Pilibhit and she came to know 3 WRIC No. 8298 of 2025 all the construction being carrying out after she visited Lucknow.
4. Subsequently, The petitioner approached the Ministry of Home Affairs, Office of the Custodian of Enemy Property in India and she got to know that the Deputy Secretary, Government of India had issued no objection certificate to the Lucknow Development Authority for carrying out renovation work at Butler Palace and also informed the Lucknow Development Authority regarding consideration for its lease to Lucknow Development Authority that a detailed proposal in this regard should be submitted to the Ministry.
5. Thereafter the Vice Chancellor, Lucknow Development Authority was also informed by the Deputy Secretary/Deputy Custodian of Ememy Property in the Office of Custodian of Enemy Property of India, Lucknow the Lucknow Development Authority is unabled to give permission regarding allotment of lawn/ground situated in Butler Palace premises on the ground that renovation work is still going on and was likely to be completed in 2025 and that appropriate decision will be taken after renovation and repair work has been completed.
6. The petitioner thereafter wrote to the Joint Secretary, Ministry of Home Affairs to return back the building and the land situated on Gata Nos. 152, 153, 154 and 155 at Muhaal Station - Ganeshganj, Mohalla - Hazratganj, Tehsil & District- Lucknow to the applicant. Her application was sent through registered post on 16.05.2025. Till date no head has been paid, hence this writ petition has been filed.
7. Learned counsel appearing for the Lucknow Development Authority has pointed out from the instructions given by the Lucknow Development Authority that after receiving copy of the writ petition they had examined the Nazul Record Room in Lucknow Development Authority and as per the Bandobast of 1862 and the property registers on 1886 and 1907, they have come to know that Khasra Nos. 152, 153, 154 and 155 have been shown in 4 WRIC No. 8298 of 2025 the Bandobast of 1862 and some property registers of 1886 and 1907 as Nazul Land. Khasra No. 152 has been shown as old Psychiatric Hospital/Pagalkhana Kadim, Khasra Nos. 153 & 154 have been shown as Banjar and Khasra No. 155 has been shown as Nala and according to the Property Register of 1907 out of Gata No. 152 33659 sq.ft. of Nazul land has been given to Gomti Hotel/Tourism Department and Gata No. 153 has been given to U. P. Electricity Supply Company. The lands which the petitioner has stated are situated at Sapru Marg of Muhaal Station- Ganesh Ganj. The petitioner has given description of property viz. Butler Palace and a pertinent land which is situated at Mohalla - Sultanganj, Mani Madarpur and Jiamau. The three Mohallas - Sultanganj, Mani Madarpur and Jiamau were taken and out of such Mohallas Butlerganj scheme was floated and currently the Bulterganj Palace/colony compound etc. is recorded alongwith Mahmudabad Place as Nazul Land. The lease deed which the petitioner is talking about who have been signed in favour of the petitioner's maternal grandfather of Gata Nos. 152, 153, 154 and 155 relates to Sapru Marg, Hazratganj whereas the Butler Palace which the petitioner claims to be belonging to her maternal grandfather is situated in Jaimau and Mani Madarpur.
8. The petitioner has filed a copy of the letter, she had written to the Vice Chancellor, Lucknow Development Authority on
29.09.2023 as Annexure-05 to the writ petition, but the Lucknow Development Authority has responded to the said letter on
02.11.2023, which letter has not been annexed with the writ petition. A copy of such letter dated 02.11.2023 has been enclosed to the said instructions and the letter clearly indicates that the documents that she had produced in support of her claim of ownership are not connected in any manner with Butler Palace Colony and Kothi situated therein.
9. The petitioner's counsel has stated on the one hand that the respondents are not giving any documents to the petitioner saying that they are not available in the record room and they are referring 5 WRIC No. 8298 of 2025 to settlement of 1862 and Property Registers of 1886 and 1997 in their instructions.
10. Learned D.S.G.I. has also pointed out that 'Raja Mohammad Amir Mohammad Khan Vs. Union of India and others' in Civil Appeal No. 115 of 2013 is pending before the Hon'ble Supreme Court relating to Butler Palace and other properties belonging to erstwhile Raja Mohammad Amir to erstwhile and the petitioner may approach the Hon'ble Supreme Court by filing an intervention application claiming that the land, on which the Butler Kothi has been build, was given to her maternal grandfather by the Viceroy and Governor General of India in 1920.
11. We find that the petitioner is claiming some property which is within the jurisdiction of Custodian of Enemy Property of India and the petitioner has remedy under the Act under Section 18 to approach the Secretary concerned.
12. Accordingly, we disposed of this writ petition with liberty to the petitioner to approach the appropriate authority under the Enemy Property Act. September 1, 2025 Darpan Sharma (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench
by Sri Dipanshu Das, learned counsel for the respondents no. 1 to 3 and Sri Mukund Tewari, Advocate, who has filed his vakalatnama alongwith written instructions on behalf of the opposite party no.5, which are taken on record.
2. This writ petition has been filed with the following main prayers:- "i. ISSUE, writ, order or direction in the nature of CERTIORARI quashing the notification if any, issued invoking the provisions of Section-3, 5A and 15 of the Act, 1968 after summoning its original from the custody of the Opp. Parties 1 to 3 in accordance with law. ii. ISSUE, writ, order or direction in the nature of MANDAMUS commanding the opp. parties to release the property of the petitioner described in Para No. 28 of the writ petition and hand- over the property in her favor in accordance with law. iii. ISSUE, writ, order or direction in the nature of MANDAMUS commanding the Opp. Party No.03 to refrain from allot or provide in anyway, the property in question to use for commercial-purpose or for use in anyway by the Opp. Party No.5." 2 WRIC No. 8298 of 2025
3. It is the case of the petitioner that her maternal grandfather was Late Brij Pal Singh was Talukedar and has property at several places in Lucknow in Bakshi Ka Talab, and also in Lakhimpur Kheri, Pilibhit and other Districts. The Viceroy and Governor General of India had executed a lease deed on 09.07.1920 in favour of Late Brij Pal Singh in respect of Nazul land Gata Nos. 152, 153, 154 and 155 situated in Muhaal Station - Ganeshganj, Mohalla - Hazratganj, Tehsil & District- Lucknow. The Collector had executed a registered deed in favour of Late Brij Pal Singh
01.02.1922 and gave him right to use the property according to his choice and that it would be inheritable also by the successors of Late Brij Pal Singh. A copy of the registered deed dated
01.02.1922 executed by the Collector, Lucknow has been filed as Annexure-03 to the petition. Late Brij Pal Singh constructed a Kothi on the land in dispute during his lifetime and his successors came into possession of the Kothi, which is also known as Butler Kothi. The entire area of the 4 Gatas i.e. Gata Nos. 152, 153, 154 and 155 is about 8 Bigha, 8 Biswa and 19 Biswansi and it is situated in Muhaal Station - Ganeshganj, Mohalla - Hazratganj, Tehsil & District- Lucknow. The petitioner has tried to collect documents from the Revenue Authorities for example extract of Khatauni of 1332 fasli, but it was not provided to the petitioner. The answer given to the Advocate that the record was not available. The petitioner again moved an application praying for extract of Khatauni of 1359 fasli. However, it was also denied as being not available in the record room. Late Brij Pal Singh died on
24.05.1985. After his death his other family members including the petitioner remained in possession of the said house (Butler Kothi) and have their lock on the said house till date. Once the petitioner visited the house in question, she found construction/renovation work was being carried out and on finding out the details, she came to know that the Vice Chancellor of Lucknow Development Authority had issued some orders. The petitioner made a representation of the Vice Chancellor of Lucknow Development Authority on 29.09.2023 that she is a resident of Village Bamrauli, Pargana & Tehsil Bisalpur, District Pilibhit and she came to know 3 WRIC No. 8298 of 2025 all the construction being carrying out after she visited Lucknow.
4. Subsequently, The petitioner approached the Ministry of Home Affairs, Office of the Custodian of Enemy Property in India and she got to know that the Deputy Secretary, Government of India had issued no objection certificate to the Lucknow Development Authority for carrying out renovation work at Butler Palace and also informed the Lucknow Development Authority regarding consideration for its lease to Lucknow Development Authority that a detailed proposal in this regard should be submitted to the Ministry.
5. Thereafter the Vice Chancellor, Lucknow Development Authority was also informed by the Deputy Secretary/Deputy Custodian of Ememy Property in the Office of Custodian of Enemy Property of India, Lucknow the Lucknow Development Authority is unabled to give permission regarding allotment of lawn/ground situated in Butler Palace premises on the ground that renovation work is still going on and was likely to be completed in 2025 and that appropriate decision will be taken after renovation and repair work has been completed.
6. The petitioner thereafter wrote to the Joint Secretary, Ministry of Home Affairs to return back the building and the land situated on Gata Nos. 152, 153, 154 and 155 at Muhaal Station - Ganeshganj, Mohalla - Hazratganj, Tehsil & District- Lucknow to the applicant. Her application was sent through registered post on 16.05.2025. Till date no head has been paid, hence this writ petition has been filed.
7. Learned counsel appearing for the Lucknow Development Authority has pointed out from the instructions given by the Lucknow Development Authority that after receiving copy of the writ petition they had examined the Nazul Record Room in Lucknow Development Authority and as per the Bandobast of 1862 and the property registers on 1886 and 1907, they have come to know that Khasra Nos. 152, 153, 154 and 155 have been shown in 4 WRIC No. 8298 of 2025 the Bandobast of 1862 and some property registers of 1886 and 1907 as Nazul Land. Khasra No. 152 has been shown as old Psychiatric Hospital/Pagalkhana Kadim, Khasra Nos. 153 & 154 have been shown as Banjar and Khasra No. 155 has been shown as Nala and according to the Property Register of 1907 out of Gata No. 152 33659 sq.ft. of Nazul land has been given to Gomti Hotel/Tourism Department and Gata No. 153 has been given to U. P. Electricity Supply Company. The lands which the petitioner has stated are situated at Sapru Marg of Muhaal Station- Ganesh Ganj. The petitioner has given description of property viz. Butler Palace and a pertinent land which is situated at Mohalla - Sultanganj, Mani Madarpur and Jiamau. The three Mohallas - Sultanganj, Mani Madarpur and Jiamau were taken and out of such Mohallas Butlerganj scheme was floated and currently the Bulterganj Palace/colony compound etc. is recorded alongwith Mahmudabad Place as Nazul Land. The lease deed which the petitioner is talking about who have been signed in favour of the petitioner's maternal grandfather of Gata Nos. 152, 153, 154 and 155 relates to Sapru Marg, Hazratganj whereas the Butler Palace which the petitioner claims to be belonging to her maternal grandfather is situated in Jaimau and Mani Madarpur.
8. The petitioner has filed a copy of the letter, she had written to the Vice Chancellor, Lucknow Development Authority on
29.09.2023 as Annexure-05 to the writ petition, but the Lucknow Development Authority has responded to the said letter on
02.11.2023, which letter has not been annexed with the writ petition. A copy of such letter dated 02.11.2023 has been enclosed to the said instructions and the letter clearly indicates that the documents that she had produced in support of her claim of ownership are not connected in any manner with Butler Palace Colony and Kothi situated therein.
9. The petitioner's counsel has stated on the one hand that the respondents are not giving any documents to the petitioner saying that they are not available in the record room and they are referring 5 WRIC No. 8298 of 2025 to settlement of 1862 and Property Registers of 1886 and 1997 in their instructions.
10. Learned D.S.G.I. has also pointed out that 'Raja Mohammad Amir Mohammad Khan Vs. Union of India and others' in Civil Appeal No. 115 of 2013 is pending before the Hon'ble Supreme Court relating to Butler Palace and other properties belonging to erstwhile Raja Mohammad Amir to erstwhile and the petitioner may approach the Hon'ble Supreme Court by filing an intervention application claiming that the land, on which the Butler Kothi has been build, was given to her maternal grandfather by the Viceroy and Governor General of India in 1920.
11. We find that the petitioner is claiming some property which is within the jurisdiction of Custodian of Enemy Property of India and the petitioner has remedy under the Act under Section 18 to approach the Secretary concerned.
12. Accordingly, we disposed of this writ petition with liberty to the petitioner to approach the appropriate authority under the Enemy Property Act. September 1, 2025 Darpan Sharma (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench