Ahmad Ali Khan vs State Of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 3466

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SHEKHAR B.SARAF, PRAVEEN KUMAR GIRI
Ahmad Ali Khan – Appellant
Versus
State Of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Vinayak Mithal, Advocate
For the Respondents:Mr. Arimardan Singh Rajpoot, Additional Chief Standing Counsel for the State respondents and Mr. Shashi Prakash Singh, Additional Solicitor General of India assisted by Mr. Chandra Prakash Yadav, Advocate for the Union of India

Table of Content
1. factual background of the writ petition. (Para 1 , 2)
2. petitioner's contentions on agreement to sale. (Para 3)
3. respondent's objections to the sale. (Para 4)
4. court's observation on registration refusal. (Para 5 , 6 , 10)
5. cantonment land registration requirements and rules. (Para 7 , 12 , 13)
6. legal implications of agreements to sell on government land. (Para 15 , 16 , 18)
7. principles governing title transfer. (Para 21 , 25 , 26)
8. final observations and order of dismissal. (Para 27)

JUDGMENT :

PRAVEEN KUMAR GIRI, J.

This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has made the following prayers :

“(a) issue writ, order of direction of in the nature of CERTIORARI calling for the records and quashing the objection raised by respondent no. 3 dated 26.10.2012 (Annexure-1 to the present writ petition)

(b) issue writ, order or direction in the nature of MANDAMUS commanding the respondent no.3 to register the instrument presented in his office by the petitioner on 26.10.2012 for registration of agreement-to-sell with respect to property described as Bungalow No.132, Survey No.56, British Calvary (B.C) Lines, Bungalow