SMT. UMA DEVI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/3225/2025 · 2025-02-19
Arun Kumar Singh Deshwal, Ashwani Kumar Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14487 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14487 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:25286-DB Court No. - 29 Case :- WRIT - C No. - 3225 of 2025 Petitioner :- Smt. Uma Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- S.M. Iqbal Hasan Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. This writ petition has been filed with the prayer to command the State- authorities not to interfere in the peaceful enjoyment and usage of the property being house no.151A/5A Karelabagh, Prayagraj (Allahabad). The petitioners claim that this property has been purchased by them. Certain other documents including the electricity bills are annexed.
2. The basis of title shown by the petitioners is an unregistered agreement to sell without possession. It is then stated that on a subsequent occasion by an unregistered document, possession was given.
3. Law is settled by the Supreme Court in Suraj Lamp & Industries Pvt. Ltd. Vs. State of Haryana & Anr. reported in (2011) 11 S.C.R. 848 that the transfer of immovable property can only be by way of registered document. There is admittedly no registered conveyance deed in favour of the petitioners.
4. In such circumstances, we are not inclined to exercise our extraordinary powers under Article 226 of the Constitution of India, particularly when we find existence of factual dispute with regard to the right of petitioners over immovable property, for which remedy of the petitioners would be before the civil court.
5. Accordingly, the writ petition is dismissed. Order Date :- 20.2.2025/S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad