HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35072 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. Heard Sri R.K.Singh Rajput, learned counsel for the petitioners and learned Standing Counsel for the State respondents. By means of present petition filed under Article 226 of the Constitution, petitioners have prayed for following relief: 1. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to 4 to take action against respondent no. 5 for not sowing and cultivating the land of Khata No. 524 of Area 0.2380 which is situated in village and Pergana Ambiyapur (Vahar Chungi Kot) Tehsil-Bilsi, District Budaun respecitve share of petitioners. 2. Issue a writ, order or direction in the nature of mandamus, directing the respondent no. 3 for demarcation the land of respective share of petitioners, Khata No. 524 of Area 0.2380 which is situated in village and Pergana Ambiyapur (Vahar Chungi Kot) Tehsil- Bilsi, District Budaun situated in village and Pergana Ambiyapur (Vahar Chungi Kot) Tehsil-Bilsi, District Budaun. It is contended on behalf of the petitioners that respondent no. 5 has sold away more than share allotted to him in a joint property and hence petitioners are aggrieved. In the considered view of the Court, if a co-sharer has sold away property more than of his share then proper remedy for other co-sharer is to file civil suit for cancellation of sale deed and also seek injunction in respect of undivided share being sold out and possession handed over to the vendee. In the circumstances, proper remedy would be by way of common law, which petitioners should take recourse to. In view of above, We do not grant indulgence in the matter, however, liberty, rests with the petitioner to apply for a common law remedy. Versus Counsel for Petitioner(s) : R.K. Singh. Rajput Counsel for Respondent(s) : C.S.C. Amrit Lal And 3 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) The present petition is consigned to records with the aforesaid liberty. October 7, 2025 Sanjeev WRIC No. 35072 of 2025 2 ( Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad