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2025 DAILYLAW 31293 (ALL)

RAMESHWAR v. STATE OF U.P. AND 4 OTHERS

WRIC/8318/2025 · 2025-03-20

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41556-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 20) Court No. - 21 Case :- WRIT - C No. - 8318 of 2025 Petitioner :- Rameshwar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar,Shree Prakash Giri Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The following prayers have been made in the writ petition:- "(i) Issue a writ, order or direction in the nature of MANDAMUS restraining the respondent authorities from making demolition of the petitioner's standing house in question over Plot No. E-231, Area 27.00 sq. mtrs, situated in Shantipuram Scheme, Phase-E, District Agra. (ii) Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondent authorities to accept the total outstanding amount and regularize the Plot No. E-231, Area- 27.00 Sq. mtrs, situated in Shantipuram Scheme, Phase-E, District Agra in favour of the petitioner." 2. The original allottee of Plot No. E-231 area 27 square meters Shantipuram Scheme, Phase-E, District-Agra is respondent no. 5 i.e. Smt. Rama Devi. The petitioner claims there is a revocable power of attorney executed by respondent no. 4 in his favour and there is also a will in respect of the said house executed by respondent no. 5 in favour of the wife of the petitioner. 3. There is no order on record approving any transfer of allotment in favour of the petitioner. Merely on basis of revocable power of attorney or will of a person, who is still alive the petitioner cannot claim any right in the plot. Consequently, the writ petition at his behest is held to be not maintainable and is dismissed. Order Date :- 21.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad