Court No. - 29
Case :- WRIT - C No. - 31530 of 2018 Petitioner :- Ramjas And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Prabhakar Chandel,Arvind Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Mukhtar Ahmad,J.
Heard Sri Arvind Srivastava, learned counsel for the petitioners, learned Standing Counsel for the respondents.
The petitioners had transferred their land to the respondents by means of a registered sale deed and has received the sale consideration through a cheque on 17.01.2018. The petitioners, at the time of execution of the sale deed, has also filed an affidavit that they will vacate the house within a period of 10 days but they have not vacated the said house. Therefore, they have been served with a notice dated 09.02.2018 to vacate the said house.
The petitioners are not denying the execution of the sale deed and filing of the affidavit.
In view of the above, we find no illegality in the said notice.
The submission of the learned counsel for the petitioners is that at the time of the sale deed only a very meagre sale consideration was offered to the petitioners, but now as the respondents are constructing a residential colony over it, the petitioners are entitle to some more compensation according to the circle rate.
The argument is devoid of merit for the reason that once the petitioners have transferred the land by means of the sale deed and have received sale consideration, they cannot demand any higher amount.
In case, they feel that sale consideration is bad for want of adequate consideration, the remedy available to the petitioners is by means of a civil suit, if any.
The writ petition, for this purpose, is not maintainable.
The writ petition is held to be devoid of merits and is dismissed.
Order Date :- 20.9.2018 Nirmal