Court No. - 39
Case :- WRIT - C No. - 18777 of 2021 Petitioner :- Sushil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddhartha Srivastava,Satendra Tirpathi Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Heard Sri Siddhartha Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State and perused the record.
The impugned order dated 02.07.2021 passed by respondent no.2 is subject matter of challenge before this writ petition.
A perusal thereof indicates that the application moved by the petitioner for mutation of his name in the record of the development authority with regard to the plot in question, had been rejected on the ground that the sale deed executed by the power of attorney cannot be said to be a valid deed of transfer in view of the judgement of the Apex Court in Suraj Lamp and Industries Private Limited (2) through Director vs. State of Haryana and another reported in (2012) 1 Supreme Court Cases 656, SLP (C) No.13917 of 2009, decided on October 11, 2011. It was concluded therein that after 10.11.2011, no transfers could be made by virtue of the power of attorney.
Learned counsel for the petitioner has invited the attention of the Court to the judgment of the Apex Court to submit that in the concluding paragraphs it had been stated that immoveable property can be legally transferred only through the registered sale deed. No exception has been taken by the Apex Court regarding execution of the sale deed by a valid power of attorney.
In the instant case, the petitioner has purchased the property measuring 197.79 sq.meter, plot No.6/173, Sector-2, Rajendra Nagar, Ghaziabad through the registered sale deed dated 30.03.2021 executed by three persons, who were holding a general power of attorney in their name.
In the said scenario, without entering into the merits of the case, while setting aside the order impugned, we direct the respondent no.3 to take a fresh decision, in accordance with law, on the mutation application filed by the petitioner within a period of two weeks from the date of production of the certified copy of this order.
The writ petition is accordingly, disposed of. Order Date :- 19.8.2021/SKD