Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50193-DB Court No. - 21 Case :- WRIT - C No. - 10245 of 2025 Petitioner :- Smt. Suman Gupta Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The instant petition has been filed praying for a writ of mandamus commanding the respondent - Authority to restore possession of House No. L-357 Sector - 12, Pratap Vihar, Ground Floor, Ghaziabad to the petitioner as per sale deed dated 04.03.2024 and for a direction to decide his representation dated
28.01.2025.
2. As per case set up in the writ petition, the original owner of the house was one Jiya Lal Salariya. It is alleged that he executed an agreement in favour of one Alok Kumar Gupta on 09.06.1999. The petitioner claims to have purchased the house from Alok Kumar Gupta acting as power of attorney of Jiya Lal Salariya by means of registered sale deed dated 04.03.2024. The case set up in the writ petition is that when the petitioner went to take possession, she found the same to be in illegal possession of respondents no. 5, 6 and 7 (Rajendra Kumari w/o Ram Lakhan, Ashok and Amit sons of Ram Lakhan).
3. The averments made in the writ petition reveal that the relief sought is essentially against respondents no. 5, 6 and 7. We observe that it has become practice to rush to this Court under Article 226 of the Constitution, instead of availing the remedies
prescribed under common law.
4. The writ petition is wholly misconceived and dismissed with a cost of Rs. 10,000/-.
5. The order has been passed in presence of Sri Manu Ghildyal,
learned counsel for respondent no. 4. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 8.4.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad