Court No. - 29
Case :- WRIT - C No. - 27600 of 2018 Petitioner :- Roop Chandra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shiv Kant Mishra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri H.N. Singh, Senior Counsel assisted by Sri Shiv Kant Mishra, learned counsel for the petitioner. Learned Standing Counsel has appeared for respondents No.1, 2 & 3 and Sri Kaushalendra Nath Singh, learned counsel for the respondent No.4.
The petitioner by means of this writ petition prays for the quashing of the lease deed dated 28.03.2007 executed by respondent No.4, NOIDA in favour of respondent No.5 in respect of Khasra No.160M area 0.0290 hectare of Village-Hosiyarpur, Pargana and Tehsil-Dadri, District Gautam Budh Nagar.
The contention of Sri H.N.Singh is that the NOIDA has executed the aforesaid lease of an area which is in excess of the area acquired by it.
The petitioner is seeking quashing of the registered lease deed. On the execution and registration of the lease deed a concluded contract comes into existence between the parties and they are bound by it. It cannot be cancelled or revoked at the behest of one party. If any legal ground exists for it cancellation the proper remedy is by way of a civil suit.
Accordingly, we are of the opinion that the proper remedy available to the petitioner is by way of a civil suit for declaration or cancellation of the lease deed to the extent it purports to transfer excess land and for an injunction therein if necessary.
The Writ Petition is misconceived and is dismissed with the above observation.
Order Date :- 21.8.2018 piyush