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2025 DAILYLAW 35490 (ALL)

SMT. JOHRA BEGUM AND ANOTHER v. STATE OF U.P. AND 13 OTHERS

WRIC/10081/2025 · 2025-04-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50108 Court No. - 35 Case :- WRIT - C No. - 10081 of 2025 Petitioner :- Smt. Johra Begum And Another Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Akhilesh Kumar Tiwari,Ranjeet Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for the following relief: " To issue a writ, order or direction in the nature of Certiorari quash the impugned orders dated 19-07-2024 passed by Additional Commissioner (Admin 1st), Meerut Division, Meerut as well as impugned Consequentioal Order dated 23-12-2022 passed by the Sub Divisional Magistrate (Judicial), Tehsil-Khurhja, District- Bulandshahr along with Order dated 09-03-2022 and 05-08-2015 passed by Tehsildar. Tehsil Khurja, District- Bulandshahr in the interest of justice." 3. Contention of the learned counsel for the petitioners is that a sale deed was executed by the petitioner but the consideration has not been paid to the petitioner and the petitioner has been defrauded by the respondent. The proceedings for cancellation of suit are pending. It is further submitted by learned counsel for the petitioner that the order of mutation has been passed in favour of the respondents which has been confirmed up to the revision. 4. Since the sale deed has not yet been set-asided, no illegality has been committed by the mutation court allowing the application of the purchaser. 5. Accordingly the writ petition is dismissed. 6. However, in case, the petitioners succeed in their suit, they will have all the rights available to them. 7. It is further provided that the findings recorded by the mutation court will not affect the suit for cancellation filed by the petitioners and the same shall be decided in accordance with law. Order Date :- 8.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad