DR. K.L. DWIVEDI PUBLIC SCHOOL TIKARI ALLAHABAD v. STATE OF U.P. AND 7 OTHERS
WRIC/41977/2024 · 2025-04-22
Kshitij Shailendra
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 111759 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111759 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:61694 Court No. - 85 Case :- WRIT - C No. - 41977 of 2024 Petitioner :- Dr. K.L. Dwivedi Public School Tikari Allahabad Respondent :- State of U.P. and 7 others Counsel for Petitioner :- Shrawan Kumar Pandey,Vishnu Pratap Pandey Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 4.
2. This writ petition has been filed with a prayer to stay mutation proceedings during the pendency of Original Suit No.1691 of 2021 filed by the petitioner against Kusum Devi and others.
3. Learned counsel for the petitioner submits that petitioner purchased property from Kusum Devi which was covered by Gata No.555, however, erroneously in the sale deeds Gata number was mentioned as 535. It is not in dispute that seeking correction of deed, the aforesaid suit has been filed which is pending, in which, the other side has put in appearance, however, the grievance is that taking advantage of erroneous gata number, Kusum Devi sold property to Uma Devi and now mutation is being sought by the purchaser which would cause prejudice to the petitioner. Learned counsel further submits that seeking cancellation of sale deed executed by Kusum Devi in favour of Uma Devi, a different suit has been filed which is also pending.
4. Be that as it may, this Court cannot act like a civil court or even revenue court in granting any interim relief, particularly when the
document is yet to be corrected by the civil court and the suit for cancellation of sale deed is also pending, hence, the relief claimed in this writ petition cannot be granted.
5. Nevertheless, in the facts of the case, the proceedings of the suit can be expedited, however, this Court has no jurisdiction to grant such relief which can be availed by the petitioner by filing a petition under Article 227 of the Constitution of India annexing therewith all the relevant documents.
6. With the aforesaid observations, the writ petition is disposed of. Order Date :- 23.4.2025 Jyotsana Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad