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2025 DAILYLAW 47228 (ALL)

SOM KUMAR SHARMA v. HOUSING COMMISSIONER, UTTAR PRADESH AWAS EVAM VIKASH PARISHAD AND ANOTHER

WRIC/12309/2025 · 2025-05-26

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90567-DB Court No. - 3 Case :- WRIT - C No. - 12309 of 2025 Petitioner :- Som Kumar Sharma Respondent :- Housing Commissioner, Uttar Pradesh Awas Evam Vikash Parishad And Another Counsel for Petitioner :- Prakhar Saran Srivastava Counsel for Respondent :- Ravi Anand Agarwal,Vineet Pandey Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. The dispute in the present petition is essentially between the petitioner and his elder brother and is regarding a power of attorney allegedly executed by the father of the petitioner in favour of the elder brother of the petitioner and consequently, the sale deed executed by the elder brother of the petitioner in favour of a third party. The issue involves disputed questions of fact which can be decided only on evidence. The prayer of the petitioner that consequential mutations made by the respondents in their records as a result of the sale deed are fraudulent mutations cannot be considered at this stage in proceedings under Article 226 of the Constitution of India. The petitioner may institute appropriate proceedings before the civil court for establishing his rights. The petition is dismissed. Order Date :- 27.5.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad