Court No. - 29
Case :- WRIT - C No. - 25428 of 2018 Petitioner :- Ghanshyam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Prakash Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents.
Petitioner has filed this writ petition seeking direction upon the Collector/District Magistrate, Mathura to cancel the registration of sale deed as the same has been obtained by playing fraud. It has also been prayed that the representation of the petitioner dated 09.01.2017and 22.07.2017 filed before the respondent no.
4. be directed to be decided.
A sale deed which has been registered for any reason cannot be cancelled by any administrative order or in exercise of extraordinary jurisdiction. The proper remedy if any in this regard is by way of a suit. As far as the representations of the petitioner is concerned, it is only for a summary action pursuant to the Government order dated 13th August, 2013.
In view of the above facts and circumstances, we dispose of the writ petition directing the respondent no. 4 to consider the above representations of the petitioner in a summary manner in accordance with above Government order subject to outcome of any civil dispute which may have been initiated or may be initiated by the parties in respect to the sale deed.
The writ petition is accordingly disposed of.
Order Date :- 30.7.2018 Israr