JUDGMENT :

1. This writ petition has been filed challenging the order dated 07.01.2016 whereby the State Government, in exercise of powers under Section 41(3) of the U.P. Urban Planning & Development Act-1973 (hereinafter referred to as ‘the Act- 1973’), has decided a Revision No.33/12 (Smt. Lakshmi Singh v. Allahabad Development Authority & Ors.) remanding the matter to the Allahabad Development Authority with a direction to dispose off the compounding map submitted by the revisionist (Lakshmi Singh) in 2005, after providing opportunity of hearing to all the parties and in the light of Rules, Bye-laws and Government Orders relating to compounding.

2. The petitioner has also claimed quashing of all proceedings pursuant to the application filed by the respondent no.5 for compounding of unauthorized constructions with a further prayer to direct the Development Authority to demolish the unauthorized constructions allegedly raised by the respondent no.5 allegedly over the petitioner’s plot.

Facts of the case.

3. The Secretary of Anant Avas Sahkari Samiti Limited (in short ‘Society’) purchased free-hold land covered Arazi Nos. 91, 92, 93, 125 and 126/1, Mauja Muirabad, Allahabad from one Mr. Theodere Hughes, vide registered sale deeds dated 22.10.1986 and 28.01.1987. The petitioner purchased a plot bearing No.12-A over Arazi Nos.91 and 126/1 measuring 25’ x 70’, vide registered sale deed 16.07.1987 from the Society. It is stated that Mr. Shiva Mohan Singh Advocate, husband of respondent no.5 (Lakshmi Devi), committed a criminal trespass over the petitioner’s plot on 12.01.1990 and, thereafter, again on 14.04.1990 in association with one Mr. Rama Shanker Misra, although the said persons neither had any contract for sale in their favour nor any sale deed executed by the Society. Description of various plots transferred by the Society in favour of other persons has also been given in the writ petition. It is pleaded that name of the petitioner was mutated in the revenue records pursuant to the sale deed dated 16.07.1987 and that it was only in the year 1996 that the Allahabad Development Authority included the aforesaid land under the master plan for construction of residential houses.

4. It is pleaded that land of Arazi No.126-v belonging to one Minhazuddin was 19 Biswa since 1913 A.D. onwards and his rights, after his death, were succeeded by Smt. Shaiyma Begum, Smt. Asma Bibi and Mr. Shamim Ahmad and, thereafter, the said persons, in collusion with the concerned Lekhpal of Tehsil Sadar, Chail, Allahabad, tempered the revenue records in the year 1982 and illegally got the area of Plot No.126-v increased from 19 Biswa to 33 Biswa. It is pleaded that Arazi No.126-v is adjacent to the land covered by Arazi Nos.126/1 and 91. It is further pleaded that husband of respondent no.5 and Mr. Rama Shankar Mishra committed criminal trespass over the petitioner’s land on 12.01.1990 at the strength of muscle power and dug foundation with an intent to usurp the petitioner’s land alongwith the adjoining land belonging to other plot-holders and this act of the aforesaid persons led the petitioner to move complaints before the District Magistrate as well as police authorities who, by order dated 12.01.1990 stopped the act of encroachment and digging exercise. It is pleaded that second time criminal trespass over the petitioner’s land was committed on 14.04.1990 which was also complained of to the district authorities and because of their intervention, the act of trespass could be restrained. Necessary documentary evidence regarding the aforesaid acts has been annexed alongwith the writ petition. It is further pleaded that later on, a contract for sale was got executed in respect of two plots having dimensions 20’ X 57’ and 50’ X 57’ on 29.05.1990 and 16.06.1990 in favour of Smt. Mangla Mishra D/o Mr. Rama Shanker Mishra and the respondent no.5 showing the land covered by the said agreements to be situated in Arazi No.126-v . It is pleaded that on the d