Court No. - 29
Case :- WRIT - C No. - 19678 of 2019 Petitioner :- Sohan Lal Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranjeet Asthana Counsel for Respondent :- C.S.C.,Archit Mandhyan
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard Sri Ranjeet Asthana, learned counsel for the petitioner and Sri M.C. Chaturvedi, Senior Counsel appearing for respondents.
The petitioner by means of this petition wants a direction upon respondent Nos. 2, 3 and 4 to allow the legal owners of the land Khasra No. 2184/2 (new No. 1176) situate in Mauja Mathura Bangar, District Mathura to construct a boundary wall on the said land.
The petitioner is not an owner of the said land and has filed this petition espousing the cause of the owner.
On being asked as to how he is a person aggrieved, counsel for petitioner states that he has an agreement to purchase the said land from the owners.
A perusal of the agreement reveals that it is an unregistered agreement executed on stamp paper of Rs. 50. Such an agreement in respect of an immovable property is simply a waste paper and is not recognised under law.
Accordingly, on its basis, no rights accrue to the petitioner.
Since the petitioner is not the owner of the said land, he cannot ask for any direction for construction of boundary wall as he is not a person aggrieved by any action of the respondents in not permitting construction of the wall.
In view of the aforesaid facts and circumstances, the writ petition is misconceived and is dismissed.
Order Date :- 31.5.2019 Nirmal