SUBHASH CHANDRA ARORA v. UNION OF INDIA AND 2 OTHERS
WRIC/23700/2025 · 2025-09-18
Arun Kumar, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76042 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76042 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23700 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. The present writ petition has been filed praying for writ of mandamus commanding respondent no. 3 to provide land records to the petitioner pertaining to a document filed as Annexure-1 to the writ petition. It purports to be allotment of certain land to Late Dwarka Nath, father of the petitioner under the provisions of (Compensation and Rehabilitation) Act, 1954. 2. The case of the petitioner is that the deceased father of the petitioner had migrated from Pakistan at the time of partition and the document was executed in favour of the deceased father of the petitioner in lieu of compensation payable to the displaced persons. The petitioner filed a representation on 13.06.2025 mentioning about the aforesaid deed and requested the respondents to provide complete details of the land allotted thereunder to the deceased father/petitioner. 3. The present writ petition has been filed as the respondents have allegedly not provided the details so far. 4. Sri Rajiv Gupta, learned Chief Standing Counsel has placed on record the instruction received from the District Magistrate, Saharanpur. The stand taken therein is that the document in question, is not a registered one. It is also stated that there is no record available with the respondents in respect of said transaction. Alongwith the instruction, the respondents have filed a written application of the petitioner dated 25.06.2025 wherein he has accepted that the original of the said document is in his possession and he had requested for getting the same registered. The stand taken in the instruction is that the document at this stage, cannot be registered and Versus Counsel for Petitioner(s) : Annapurna Devi Counsel for Respondent(s) : Purnendu Kumar Singh, A.S.G.I., C.S.C. Subhash Chandra Arora .....Petitioner(s) Union Of India And 2 Others .....Respondent(s)
particularly, when presence of both the parties is needed for registration of any document. 5. It seems that the effort of the petitioner is to seek declaration from the respondents regarding allotment of the aforesaid land in favour of the deceased father of the petitioner. For the said purpose, common law remedies are available, as original document is admitted to be in possession of the petitioner.
The request made by the petitioner in his representation dated 13.06.2025 for information being furnished by the respondents regarding details of the land in respect of a document, which is in his possession, is fully misconceived. 6. The writ petition stands disposed of with liberty to the petitioner to avail common remedy available for declaration of title, if the title is under cloud. September 19, 2025 Monika WRIC No. 23700 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad