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2023 Supreme(Online)(All) 29079
ALLAHABAD HIGH COURT
,
RAJESH VERMA – Appellant
Versus
State – Respondent
WRIC/22721/2022
A petitioner must establish their legal standing and right to seek mandamus before a court will grant the relief requested.
Headnote:
LAND ACQUISITION - RECONVEYANCE - NO MANDAMUS
Fact of the Case:
The petitioner claimed to be the legal heir of Gopi Charan Giri, who was the owner of a property that was acquired by the Kanpur Municipal Corporation. The petitioner sought a writ of mandamus directing the respondents to execute a reconveyance deed in his favor.
Finding of the Court:
The court found that the petitioner had not established his relationship with Gopi Charan Giri and that the petitioner's right to seek mandamus was not established from the records.
Issues: Whether the petitioner was the legal heir of Gopi Charan Giri and entitled to seek a reconveyance deed.
Ratio Decidendi: The court held that the petitioner had not disclosed his relationship with Gopi Charan Giri and that the petitioner's right to seek mandamus was not established from the records.
Final Decision: The court dismissed the writ petition, but noted that it was open for the petitioner and other claimants to ventilate their grievances before the competent authority or court.
Court No. - 39
Case :- WRIT - C No. - 22721 of 2022
Petitioner :- Rajesh Verma
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Indra Jit Singh,Sr. Advocate
Counsel for Respondent :- CSC,Abhinava Krishna
Srivastava,Anand Prakash Paul,Vaibhav Dixit
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner, Sri Abhinava Krishna
Srivastava, Sri A.P. Paul and Sri Surendra Pratap Singh, learned
Advocates for the respondents and perused the record.
The present petition has been filed with the following prayer :-
"(i) Issue writ, order or direction in the nature of mandamus directing the
respondents to execute reconveyance deed in respect of the scheduled
property i.e. 485.2 square yards of the and of plot no. 363 (new plot no.
365), situated at Pokharpur, Kanpur Nagar as per resolution dated
06.10.1969 in favour of the petititioner, within the prescribed period of
time as fixed by this Hon'ble Court."
As per assertions in the writ petition, the petitioner claims to be
legal heir and representative of late Gopi Charan Giri, who was
stated to be the grandfather of the petitioner and owner of the
property measuring area 484 sq. yards in plot no. 363 (new plot
no. 365), situated at Pokharpur, Kanpur Nagar.
It is sought to be submitted that late Gopi Charan Giri, who was
employed in the Kanpur Municipal Corporation had purchased
484.2 square yard of the land of plot no. 363 (new plot no. 365)
situated at Pokharpur, Kanpur Nagar by way of registered sale
deed dated 02.07.1957 and his name was mutated in the
revenue records. The said land was acquired for planned
development of Kanpur City.
It is stated that the house of the petitioner was also situated over
the plot no. 365 and the said house was acquired by the Kanpur
Municipal Corporation by an Award No. 309 dated 15.06.1962.
It was further stated to the contrary that no land acquisition
proceedings have ever been initiated nor taken place with
respect to the property in question. The total area of the land
acquired by the Municipal Corporation through Award No. 309
dated 15.06.1962 was 2222 square yards and as per sanctioned
lay out plan, the disputed plot no. 365 (new number) belonging
to the petitioner was also included.
On the representation made by the late Gopi Charan Giri, the
matter was referred in the meeting of the Development
Committee of Kanpur Municipal Corporation on 17.09.1962
and vide resolution no. 72, it was unanimously resolved to
reconvey the above noted acquired land in favour of late Gopi
Charan Giri. The copy of resolution no. 72 dated 17.09.1962 is
appended with writ petition as Annexure No. '1'. It was further
stated that the said proposal was further reconsidered by
resolution no. 216 dated 18.12.1963. Subsequently, regarding
the same issue resolution no. 153 dated 17.06.1964 was passed
in the meeting of Development Council of Kanpur Municipal
Corporation. Resolution No. 505 dated 06.10.1969 and
subsequent resolutions of the Executive Committee of
Municipal Corporation also record that the land in question was
required to be conveyed / transferred to the original owner (Late
Gopi Charan Giri).
It is sought to be submitted that pursuant to the resolution no.
505 dated 06.10.1969, late Gopi Charan Giri had deposited Rs.
1500/-, 1/4th of Rs. 5920/- as per in the Treasury of Municipal
Corporation and as per direction of respondent no. 4 in its letter
dated 22.12.1969. It is further submitted that vide resolution no.
7 dated 07.06.1972 and resolution no. 16 dated 2406.1972, Sub
Committee of Municipal Corporation had decided to allot 224
square yards of land to one Smt Triveni Devi out of 485.2
square yards, which was earlier allotted to the grandfather of
the petitioner.
In various paragraphs of the writ petition, it is, thus, sought to
be submitted that late Gopi Charan Giri was entitled for
reconveyance of plot no. 365 (new nu
