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2025 DAILYLAW 48264 (ALL)

MRINAL SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIC/12869/2025 · 2025-05-12

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77837-DB Court No. - 29 Case :- WRIT - C No. - 12869 of 2025 Petitioner :- Mrinal Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ambrish Chandra Pandey Counsel for Respondent :- C.S.C.,Ravi Anand Agarwal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Petitioner has filed the present writ petition with the prayer to command the respondent nos. 2 and 3 i.e. Additional Housing Commissioner U.P. Housing and Development Board and Superintending Engineer U.P. Housing and Development Board to deliver the possession of plots admissible to the petitioner under the scheme of Loni Road Bhumi Vikas Evam Grih Sthan Yojna (Ajanta Puram Yojna) Ghaziabad. 2. Undisputed facts of the case are that there is a society registered in the name of Jan Vihar Co-operative Housing Society Limited, Ghaziabad. According to petitioner, her mother was a member of such society and she was allotted a plot. Grievance of the petitioner is that though Housing Board has regularized the land owned by the said housing society but the plot allotted to the petitioner's mother is not being delivered to the petitioner. 3. Sri Ravi Anand Agarwal, learned counsel appearing for the Housing Board and learned State Counsel representing the other authorities raise an objection to the maintainability of the writ petition on the ground that the dispute herein is between the petitioner and the respondent no. 4 (society), which is in the nature of a private dispute between the member and the society for which a writ would not be maintainable. It is also submitted that remedy of the petitioner would be to approach the concerned Registrar for necessary relief. 4. From the materials placed on record, it does not appear that any plot has been allotted to the petitioner or his mother by the housing board. Consequently, there is no privity of contract between the petitioner and the housing board. So far as the dispute between the petitioner and the society is concerned, we find that the remedy of the petitioner would be to approach the concerned Registrar in terms of section 128 of the U.P. Cooperative Societies Act. The writ petition for such purposes is not the appropriate remedy. 5. Consequently, the writ petition is dismissed. Order Date :- 13.5.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad