2023:AHC:117486-DB Court No. - 45 Case :- WRIT - C No. - 59967 of 2012 Petitioner :- Ashok Kumar Jakhodia And Others Respondent :- State Of U.P. Thru Secy. And Others Counsel for Petitioner :- Saurabh Srivastava,Ashutosh Gupta,Vivek Srivastava Counsel for Respondent :- C.S.C.,Anil Kumar Pathak,Devbrat Mukherjee,M.C.Chaturvedi, Pawan Shukla,Shivam Yadav,Udai Chandani, Hon'ble Pritinker Diwaker, J.

Hon'ble Ashutosh Srivastava,J.

1. Heard learned counsels for the parties.

2. The writ petition has been filed claiming the following reliefs:- “i) to call for the entire records regarding premises No. 15/198, Civil Lines Kanpur Nagar from KDA and issue a writ, order or direction in the nature of certiorari quashing the order dated 8.10.2012 (Annexure No. 13) passed by the KDA in pursuance of the representation dated 10.9.2012 filed by the petitioners.

I(A) issue a writ, order or direction in the nature of certiorari quashing the map which had been illegally passed by the respondent No. 3 & 4 for construction in the premises 15/198 Civil Lines, Kanpur Nagar.

I(B) issue a writ, order or direction in the nature of mandamus direction to the respondent No. 1 to 4 to demolish the illegal construction raised by the respondent No. 5 in the premises 15/198 Civil Lines, Kanpur Nagar.

ii) to issue a writ, order or direction in the nature of mandamus commanding the respondent No. 3 KDA to take appropriate action within a stipulated time in pursuance of the order 16.8.2012 passed by respondent No. 4 with respect to premises No. 15/198, Civil Lines, Kanpur Nagar.

iii) to restrain the representatives of KDA from harassing the petitioners and their family members in pursuance to their complaint regarding premises No.

15/198, Civil Lines, Kanpur Nagar.

iv) issue any other writ, order which this Hon'ble Court may deem fit and proper in the circumstances of the case.

v) Award the cost of present writ petition in favour of the petitioners.”

3. The facts, in brief, leading up to filing of the instant writ petition, are that respondent Nos. 6, 7 and 8 were the owners of plot Nos. 15/198 and 15/199 at Civil Lines, Kanpur Nagar. Plot No. 15/199 was sub divided into 9 plots. A 25 feet wide road was also created in between plot Nos. 1 to 5 and Plot Nos. 6 to 9. The plots were sold to various parties by respondent Nos. 6 to 8 in the year 1991. The purchasers got constructed their respective houses over such plots. The petitioners 1 to 7 are the owners of these plots and have constructed their houses over the plots purchased by them after obtaining sanctioned maps from the Kanpur Development Authority. During the pendency of the writ petition, petitioner Nos. 1 and 2 have withdrawn the writ petition at their instance by moving an appropriate withdrawal application, which has been allowed and consequently the writ petition is being prosecuted on behalf of petitioner Nos. 3 to 7.

4. From the records, it transpires that respondent No. 7 and 8 executed a licence in favour of respondent No. 6 on 14.12.2005 regarding ingress and egress to plot No. 15/198. The respondent No. 6 demolished the wall and started using the passage for the ingress and egress to plot No. 15/198. A civil suit, being Civil Suit No. 89 of 2006, was filed by petitioner No. 1 & 2 in which an injunction was granted. However, the suit was compromised wherein the common passage of 25 feet was allowed to be used as egress and ingress for plot No. 15/198. The respondent No. 6 executed a sale deed in favour of the respondent No. 5 on 24.12.2011 of the Plot No. 15/198. The respondent no. 5 got approved a map for construction of four storied structure in plot no. 15/198. The respondent No. 5 also constructed a sewer line in the common passage. The writ petitioners filed another civil suit, being Suit No. 1015 of 2012, which is stated to be pending as on date. In the said suit initially an injunction was granted but subsequently the same was vacated.

5. A complaint is stated to have been filed by some of the residents