Neutral Citation No. - 2025:AHC:112402-DB Court No. - 40 Case :- WRIT - C No. - 22123 of 2025 Petitioner :- Saroj Kumar Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Saurabh Kumar Counsel for Respondent :- C.S.C.,K.P. Verma Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Petitioner has approached this Court with the prayer to command the respondents to remove the encroachment/illegal construction from the land forming part of Plot No.310 Village Ghatampur, Kanpur Dehat. According to petitioner the property belonged to one Farzand Husain, who had entered into agreement with the petitioner, whereafter the petitioner was put in possession and he has perfected right upon such land. The grievance of the petitioner is that without any authority of law the respondents are interfering with such land by laying a pipeline on the plot in question. Learned counsel for the respondents, however, has opposed the prayer made in the writ on the ground that the petitioner has no right, title or interest over Plot No.310 which is recorded as Banjar. Alongwith the written instructions of the respondents, which are taken on record, the extract of the khatauni has also been produced which would clearly go to show that Plot No.310 is recorded as Banjar. The claim of the petitioner is in respect of Plot No.310 only. According to the petitioner an agreement was executed in favour of the petitioner on 9.8.1988. This agreement contained stipulation to the effect that if the sale deed on the consideration amount is not executed the person concerned will have the right to get the sale deed executed through the process of the court. Admittedly no sale deed has been got executed pursuant to such agreement to sell. No suit for specific performance has been filed by the petitioner. Our attention has been invited to an order passed in Civil Appeal No.100 of 1993, wherein the right of the alleged vendor over the property is also disputed. From the materials placed before the Court, it is apparent that the land in question is recorded as Banjar and no competent court has granted any declaration of title in favour of the petitioner. Law is otherwise settled that merely on the strength of agreement to sell no right over immovable property can be created (see: Suraj Lamp and Industries Private Limited vs. State of Haryana and another 2011 SCC OnLine SC 1360). Since the ownership of the land vests with the respondents, we do not find any occasion to recognize the petitioner's right over such property or to grant any relief, as is prayed for, in the writ. Writ petition is, accordingly, dismissed. Order Date :- 14.7.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad