Neutral Citation No. - 2025:AHC-LKO:11050-DB Court No. - 2 Case :- WRIT - C No. - 1617 of 2025 Petitioner :- Vinay Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Finance Lko. And 2 Others Counsel for Petitioner :- Suparna Mishra,Rajiv Kumar Bajpai Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Prashant Kumar Srivastava, learned counsel for the opposite parties no. 2 to 4. 2. The petitioner is an auction purchaser to whom a sale certificate was issued and it was got registered in the year 2020 by the opposite parties no. 2 and 4 -Bank. 3. Now, the learned counsel for the petitioner says that the possession has not been handed over to him. 4. Shri Prashant Kumar Srivastava, learned counsel for the Bank says that it was open/ vacant plot of land, therefore, the moment the sale certificate was issued and got registered the petitioner had possession thereof. 5. It is not the case of the petitioner that somebody else is in possession. The petitioner wants possession of Gata No. 406C area 0.0095 hectare and Gata No. 406 area 0.0095 hectare. 6. The matter relating possession etc. that too consequential to sale certificate where the land in question is open land as stated by the Bank, can not be adjudicated under Article 226 of the Constitution of India. The petitioner may avail other remedies, especially as, the Gatas appear to be minzumla gata. 7. With the aforesaid observations/directions, the writ petition is disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 20.2.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench