Court No. - 39
Case :- WRIT - C No. - 17943 of 2019 Petitioner :- Bitul Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Singh Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Rajendra Singh, learned counsel for the petitioner and learned standing counsel for the respondents.
The petitioner in this writ petition is seeking a direction to the respondent to put the petitioner in possession of 1/7th part of Gata No. 91 situated at Mauza Chakkora, Tehsil Bindki, district Fatehpur.
From a perusal of the documents on record we find that the petitioner had purchased the property from one Sri Hari Singh and her name has been mutated in the revenue record as would be evident from the photostat copies of the Khatauni, which has been filed at page nos. 21 to 23 of the writ petition.
Learned standing counsel, on instructions, informs that a suit for cancellation of the sale deed has been filed which is still pending before the civil court. He also informs that after execution of the sale deed the petitioner has not taken possession of the land in question.
In our opinion, if a civil suit for cancellation of the sale deed is pending before the civil court, the petitioner should seek her relief in the pending civil suit.
We, therefore, dismiss the writ petition. The instructions be kept on record.
Order Date :- 30.5.2019 samz