Court No. - 34
Case :- WRIT - C No. - 5983 of 2019 Petitioner :- Razia Mahboob Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohammad Husain,Mansoor Ahmad Counsel for Respondent :- C.S.C.,Devi Prasad Mishra Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Mansoor Ahmad, learned counsel for petitioner, learned Standing Counsel for respondents 1 to 5, Sri Nilamber Tripathi, learned counsel for respondents 6 and perused the record.
2. Admittedly, disputed land was declared 'surplus' and in respect thereto name of Competent Authority under Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "Act, 1976") has also been mutated and land was transferred to Allahabad Development Authority, respondent no.6. The petitioner, who admittedly a subsequently purchaser from erstwhile owner, whose land was declared surplus and possession was taken by authorities concerned has come to this Court by means of this writ petition with the prayer that mandamus be issued to Tehsildar to delete the name of Urban Land Ceiling, Allahabad and mutate name of petitioner in respect of disputed land and also to restrain petitioner from interfering with possession of petitioner.
3. Once it is admitted that mutation has already been taken place, it cannot be cancelled in writ jurisdiction since there is procedure prescribed under the aforesaid Act. Moreso, petitioner is a subsequent purchaser and land was already declared surplus and original owner has not come to this Court. In our view, relief prayed for cannot be granted since the same involves seriously disputed questions of fact, which have to be examined in an appropriate proceedings in common law.
4. Dismissed accordingly.
Order Date :- 22.2.2019 KA