M/S SAPPHIRE N ASSOCIATES PVT LTD v. STATE OF U.P. AND 2 OTHERS
WRIC/31413/2025 · 2025-09-16
Anish Kumar Gupta, Mahesh Chandra Tripathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 92477 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92477 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31413 of 2025 Court No. - 29 (Sl.No. 15) HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri S.D.Singh, learned Counsel, who has joined through video conference along with Mehul Khare, learned counsel for the petitioner, Ms. Uttra Bahuguna, learned Additional Chief Standing Counsel for the State and Sri Tejasvi Misra, learned counsel for Ghaziabad Development Authority. 2. The present writ petition is preferred for the following relief:
"(a) issue writ of certiorari or any other writ, directions, order of the similar nature and whereby the impugned order/letter No. 315/Land Section /2025 Dated 29.04.2025 may kindly be quashed and set aside, as issued by the respondent no. 3 on behalf of the other respondents and whereby the request of the petitioner to entertain the representation dated 27.09.2024 and 24.03.2025 qua the residential plot no. D-58, ad measuring 300 sq.mt Madhuban Bapudham Plots Scheme, under Scheme Code-806, Ghaziabad have been declined; (b) issue an appropriate Writ, order or direction, in the nature of mandamus commanding the respondents to provide the peaceful physical possession of developed residential plot no. D-589, Madhuban Bapudham Plots Scheme, Ghaziabad admeasuring 300 sq.mtr under Scheme Code- 806, by mutating the name of the Petitioner at the place of Mr. Ansuiya Prasad Shukla qua the said plot as well as by executing the sale deed in favour of the Petitioner as per the rules in relation to the aforesaid plot; Versus Counsel for Petitioner(s) : Mehul Khare, Pragya Pandey Counsel for Respondent(s) : C.S.C., Tejasvi Misra M/S Sapphire N Associates Pvt Ltd .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
c) issue the writ of mandamus or other writ, directions, order or similar nature, whereby commanding the respondents herein to issue the demand letter to the Petitioner herein, to deposit the balance of the consideration as per the rules, etc. qua the residential plot no. D-589, Madhuban Bapudham Plots Scheme, Ghaziabad admeasuring 300 sq.mtr under Scheme Code- 806, in accordance with the rules and regulation and thereafter accept the amount payable to the respondent, from the Petitioner herein as the successor of the original allottee."
3. Sri Tejasvi Misra, learned Counsel for GDA at the outset raises a preliminary objection qua the maintainability of the writ petition on the ground of alternative efficacious relief.
He submits that U.P. Urban Planning and Development (Assessment, Levy and Collection of Mutation Charges) Rules, 2022 (in short 'Rules 2022') have been framed in exercise of power under Clause-(c) of Sub-Section 55 read with Sub- Section 2-A of Section 15 of the U.P. Urban Planning and Development Act, 1973 which provides an exhaustive procedure for mutation of names on the properties situated in the region. He further submits that as per Rule-6 of Rules 2022 the applicant can apply online through
"janhit.upda.in" website by creating his profile on the same. Moreover in case the petitioner moves an appropriate application, before the competent authority as per the rules, definitely, the same would be decided in accordance with law. 4. Considering the factual situation, we are not inclined to keep the matter pending for consideration. However it is always open to the petitioner that in case he moves an application under Rules, 2022 along with the requisite fee, we hope and trust that the same would be considered and decided in accordance with law expeditiously but certainly after giving ample opportunity to all the stake holders in the matter. 5. With the above observations and the writ petition is disposed of. September 17, 2025 Ashish Pd. WRIC No. 31413 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad