ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DILIP B. BHOSALE, C.J. AND VIVEK CHAUDHARY, J.
BRIJBHAN SINGH YADAV ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition (M/B) Nos. 9252 of 2013 and 11374 of 2015 [PIL], decided on 7th September, 2018)
(B) Document – Sale-deed – Construction – Whether document is an agreement to sell or a document of sale – Document declaring that entire sale consideration is received by seller and he has also transferred and purchaser has received all rights in property – No ownership rights remains in seller – Such a declaration amounts to a sale of property – Further conduct of parties after execution of document showing that purchaser had dealt with property as a true owner with total support and declaration of purchaser’s ownership by seller before all – Held document in dispute is a sale-deed. [Para 22]
(C) Transfer of Property Act, 1882 – Section 54 – Registration Act, 1908 – Section 49 – Document – Validity of – Agreement to sell or sale-deed – Non-registration of – Held, document cannot be relied upon for creating or transferring any right in property. [Para 23]
Result; Petitions Allowed.
Hon’ble Vivek Chaudhary, J.—These two Public Interest petitions, connected together, relate to Gata Nos. 249, 250 and 251, situated at village Qila Mohammadi Nagar, Lucknow. They are filed alleging that the said plots, belonging to State, are in unauthorized occupation of a private respondent, Sri Sharda Pratap Shukla, who is a local leader and politician and has been a Member of Legislative Assembly (M.L.A.) for three terms, since the year 1985 and Minister of State with independent charge in Samajwadi Party Government from 2012 to 2017.
2. First Writ Petition No. 9252 (M/B) of 2013 [P.I.L.] is filed for the following reliefs :
“I. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties No. 1 to 5 to remove the illegal and unauthorized encroachment of the opposite party No. 6 over the plot No. 249, 250 & 251 recorded in the name of Lucknow Development Authority, situated at Qila Mohammadi Nagar, Lucknow, which is reserved for future development.
II. Issue a writ, order or direction in the nature of Mandamus commanding the Director, Vigilance, Establishment, Government of U.P., Lucknow, the opposite party No. 8 to conduct and enquiry for fixing the liability of the accountable officers of Lucknow Development Authority under whose supervision, the land in question was encroached by the opposite party No. 6 by way of raising construction of shops and rooms etc. and the same have been given on rent and the rent approximately Rs. 70,000/- per month is being realized by the opposite party No. 6 and also order for criminal prosecution against the responsible persons.”
3. Second Writ Petition No. 11734 (M/B) of 2015 [P.I.L.] is filed for the following reliefs :
(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 8.1.2015 as contained in Annexure No. 15 to the writ petition.
(b) Issue a writ, order or direction in the nature of certiorari quashing the entries made in revenue records pursuant to order dated 8.1.2015 and nullify every action taken in pursuance of the said order by any of the opposite parties.
(c) Issue a writ, order or direction in the nature of mandamus directing the opposite parties No. 4 to 6 to hand over possession of Khasra No. 249 to LDA within the time provided by the Hon’ble Court.
(d) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to recover the land Khasra No. 249 from private respondents within the time provided by the Hon’ble Court and demolish the existing construction over the land in question in accordance with law.”
4. A third Writ Petition No. 2765(M/B) of 2014 was also filed by Sri Sharda Pratap Shukla for the following reliefs :
“(i) issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opposite Parties to ascertain and accept the adjustment charges/development charges forthwith to meet the ends of justice.
(ii) issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opposite Parties not to interfere in the peaceful possession of the Petitioner in any manner to meet the ends of justice.
(iii) issue a writ, order or direction in the nature of CERTIORARI thereby quashing of the impugned Notice dated 5.12.2013 issued by the Opposite Party No. 7 and contained in Annexure No. 11 to the Writ Petition.”
This third writ petition filed by Sri Sharda Pratap Shukla was withdrawn by him on 24.4.2018, when hearing started, as having become infructuous but, since, record of the same is relevant for the proper disposal of present two petitions, thus the same was kept as connected and referred to during hearing.
5. The allegations in the public interest litigations are that Sri Sharda Pratap Shukla, in violation of the provisions of Transfer of Property Act, 1882 (T.P. Act), U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Z.A.& L.R. Act) and other laws, has illegally occupied the said three plots. The allegation is that Sr
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