Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 69306 (ALL)

SHAHEEN v. STATE OF U.P. AND 5 OTHERS

WRIC/20389/2025 · 2025-06-30

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:101028-DB Court No. - 21 Case :- WRIT - C No. - 20389 of 2025 Petitioner :- Shaheen Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dheeraj Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. None present to press the writ petition. 2. The following prayer has been made in the present petition: "(a) issue a writ, order or direction in the nature of Mandamus direct the respondent No.2 and 3 to take appropriate action upon the application of the petitioner dated 12.06.2025 within stipulated period as fixed by this Hon'ble Court." 3. In the application dated 12.06.2025, it is alleged that certain property, which was owned by grandfather of the petitioner, after his death, devolved on his three sons in equal shares. It is stated that the total area of the property was 300 sq. yd. and, therefore, 100 sq. yd. would fall in the share of each heir but they have executed sale deeds in favour of third parties in excess of their share. The transferees are trying to take possession of the property and, therefore, appropriate action should be taken against them. 4. The allegations made in the representation are such that the same cannot be decided by an Executive Magistrate. 5. In such view of the matter, we are of the opinion that it would be a futile exercise to direct respondents no.2 and 3 to decide the representation. 6. The petition is wholly misconceived and is, accordingly, dismissed, without prejudice to the rights and contentions of the petitioner in any duly instituted proceeding. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 1.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad