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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT SHARMA
Harendar Singh – Appellant
Versus
Ministry Of Housing And Urban Affairs – Respondent
JUDGMENT :
AMIT SHARMA, J.
1. The present petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed seeking the following prayers:-
“(a) issue an appropriate writ in the nature of certiorari and any other appropriate writ, order or direction in the nature of mandamus, thereby directing the respondents to mutate/substitute the name of petitioner in respect of property No. B-IV/21, measuring 255.50 Sq. Ft. (full Share) consisting of ground and upper floor. Old Double Storey, Lajpat Nagar, New Delhi-110024 as lessee in the records of the respondent No. 2 (L & D.O.) in place of its last recorded lessees (1) Shri Vijesh Katyal S/o. Shri Murli Nath Katyal and (2) Shri Sunil Katyal S/o. Shri Badri Nath Katyal both R/o. E-12, Greater Kailash, New Delhi-48, on the basis of sale documents i.e. Regd. agreement to sell, Regd. GPA, Regd. SPA, Regd. Wills, Indemnity Bond, Possession letter, Receipt, consent affidavits and affidavits all dated 03.12.1996 executed by said Sh. Vijesh Katyal and Sunil Katyal in favor of Smt. Mansa Kaur, the mother of the petitioner, which have been filed as ANNEXURES:-P-16 to P- 28 respectively) and the petitioner has inherited the lease hol
Immovable property transfers require a registered deed; agreements to sell or related documents do not confer title and cannot be used for property mutation.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
The admissibility of evidence, proper legal procedures in mutation proceedings, burden of proof in ownership disputes, and the binding nature of concurrent findings of fact in appellate courts.
A sale deed obtained through fraud is voidable but must be challenged in civil court; revenue authorities acted correctly in denying mutation based on existing claims.
Mutation proceedings under U.P. Revenue Code do not determine title or confer ownership; such matters are subject to civil court adjudication, and petitions against mutation orders are generally not ....
The Supreme Court's determination of property status as non-Thika mandates the municipal corporation to recognize the Petitioner as the lawful owner for record purposes, despite ongoing civil dispute....
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