OM PRAKASH SHARMA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
WRIB/281/2025 · 2025-04-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129800 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129800 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18725 Court No. - 7 Case :- WRIT - B No. - 281 of 2025 Petitioner :- Om Prakash Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Ashish Chandra Asthana,Awanish Kumar Bhatt Counsel for Respondent :- C.S.C.,Kunwar Pradeep Mohan Singh,Malay Shukla Hon'ble Saurabh Lavania,J. Heard. The present application has been filed for the following main relief:-
"I. Issue a writ order or direction in the nature of certiorari to quash the impugned orders dated 22.01.2025 passed by member (Judicial) Board of Revenue U.P. Lucknow/O.P. No. 2 and order dated 26.10.2024 passed by Additional Commissioner (Judicial) First, Division Kanpur/O.P. No. 3 which is contained as Annexure No. 1 & 2 and according affirm the orders dated 15.04.2017 passed by Tehsildar Bharthana, District Etawah/ O.P. no. 6 and order dated 06.06.2018 passed by Assistant Collector (1st Collector)/S.D.M., Bharthana, District Etawah/O.P. No. 5, in the interest of justice. II. Issue a writ order or direction in the nature of mandamus commanding to the opposite party no.4 to maintain Status-Quo and not to alienate the property in question till the final disposal of the case before learned Trial court or during pendency of writ petition, in the interest of justice." Taking note of the impugned order dated 22.01.2025 passed by Member (Judicial), Board of Revenue, U.P. Lucknow/opposite party no.2, affirming the order dated 26.10.2024 which is simplicitor remand order, as also Section(s) 17 and 33(c) of the Registration Act 1908 (in short 'Act of 1908') as also the Power of Attorney dated 05.01.2016, executed at United Kingdom attested by Hasil Makkar (Solicitor), Maalik and Company, Solicitors and Advocates, 78 South Road, Southall, Middlesex, UBI IRD, based upon which the Attorney Mr. Rakesh Dubey, real nephew of Ram Rani Dikshit, who executed the Power of Attorney, transferred the property through registered sale deed dated 15.02.2016 as also Section 54 of Transfer of Property Act 1882 including U.P. amendment, this Court is not inclined to entertain the present petition, it is dismissed accordingly. No order as to costs. Order Date :- 4.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench