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2025 DAILYLAW 85006 (ALL)

AKHLAKH HUSAIN v. STATE OF U.P. AND 3 OTHERS

WRIC/28196/2025 · 2025-09-17

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28196 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, Shri Shashi Kant Mishra, learned counsel for respondent no. 4, and learned Standing Counsel for the State. 2. By means of the present writ petition, the petitioner has prayed for the following relief: "Issue a writ, order or direction in the nature of mandamus directing respondent no. 4 to accept the mutation application of the petitioner with respect to House No. 122A, Mohalla Sipah, District Jaunpur, and decide the claim of the petitioner on its merits within the period provided under law." 3. The case of the petitioner is that the aforesaid house has been gifted to him by his wife through an oral gift, and on the basis of the said oral gift, he has approached respondent no. 4 with an application for mutation of his name in place of his wife. However, his application has not been accepted. 4. Learned counsel for respondent no. 4, on instructions, which are taken on record, states that there is no provision under law for entertaining a mutation application on the basis of an oral gift, and as such, the application of the petitioner cannot be accepted. 5. In view of the above, we are of the considered opinion that in case any Versus Counsel for Petitioner(s) : Anita Singh, Dinesh Kumar Misra Counsel for Respondent(s) : C.S.C., Shashi Kant Mishra Akhlakh Husain .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) oral gift has been made in favour of the petitioner, he must seek a proper declaration from the competent court/authority, and only thereafter, on the strength of such declaration, he may submit an application for mutation of his name. 6. Accordingly, the writ petition stands dismissed. September 18, 2025 Sumaira WRIC No. 28196 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad