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2025 DAILYLAW 105954 (ALL)

SARTAJ ALI @ SIRAJ AHMAD v. STATE OF U.P. AND 3 OTHERS

WRIC/36372/2024 · 2025-02-17

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22834 Court No. - 33 Case :- WRIT - C No. - 36372 of 2024 Petitioner :- Sartaj Ali @ Siraj Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharm Vir Singh Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "1. Issue a writ, order or direction in the nature of Certiorari quashing the order dated 08.04.2024 passed by Additional District Magistrate (Finance and Revenue) District Etah in appeal no.326 of 2021 Shakuntla Devi versus Sartaj Ali @ Siraj Ahmad." 3. It is submitted by learned counsel for petitioner that by impugned order, respondent no.2 had directed the registration of sale deed by order dated 8.4.2024. 4. It is not in dispute between the parties that in compliance of order dated 8.4.2024, sale deed has already been registered on 30.5.2024 and the present writ petition was filed in September, 2024. Admittedly, prior filing of writ petition, the sale deed has been registered. Once the document is registered, the same can only be cancelled by a competent civil court more particularly when the stand of petitioner is that he has not received sale consideration. Such dispute is a question of fact which cannot be gone into writ jurisdiction. 5. At this stage, learned counsel for petitioner submits that he may be permitted to withdraw the present writ petition with liberty to seek his remedy before competent civil court. 6. Accordingly, the writ petition is permitted to be withdrawn with aforesaid liberty. Order Date :- 18.2.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad