In a writ petition seeking an order to issue sale certificates for auctioned plots, the High Court dismissed the plea for lack of documentary evidence regarding the auction and the father's highest bid, noting the petition raises disputed questions of fact unsuitable for summary appellate remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:119103-DB
Court No. - 39
Case :- WRIT - C No. - 8153 of 2023 Petitioner :- Anand Prakash Singh Respondent :- The State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Bharat Singh Pal,Mani Yagyesh Tripathi Counsel for Respondent :- CSC
Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J.
The present petition has been filed with the following prayer:-
"I. Issue writ order or direction in the nature of mandamus directing the respondent authorities to reconstruct the file and issue "sale certificate" for the Plots no. 11 (area 1 bigha, 18 biswa, 9 dhur), Plot no. 84 (area 1 biswa) and Plot no. 104 minzumla (area 3 biswa) total 3 Gatas area 2 bigha, 2 biswa, 9 dhoor.
II. Issue any other writ order or direction which this Hon'ble court as may be deemed to be fit and proper in the facts and circumstances of the case.
III. Award the cost of the petition in favour of the petitioner."
The contention of the petitioner is that his father was the highest bidder in an auction held for sale of the property of one Ramashankar Singh who incidentally has not been impleaded as respondent in the present petition. It is further stated that despite the father of the petitioner being the highest bidder, no sale certificate has been issued to the father of the petitioner even after 52 years.
The Standing Counsel has received instructions and has handed over a copy of the same to the Court which is taken on record and shall form part of the record of the case.
On the basis of his instructions, the Standing Counsel states that there are no records relating to the auction of the property of Ramashankar Singh.
The petitioner has not annexed either the advertisement/notice or any other document showing that the property of Ramashankar Singh was put up for auction and the father of the petitioner was the highest bidder in the said auction. There is no document on record to accept the plea of the petitioner. The petition raises disputed questions of fact which can only be decided on evidence for which the present proceedings are not the appropriate remedy. The petitioner may exercise any other remedy available to him in law.
Accordingly, the petition stands dismissed .
It is clarified that this Court has not expressed any opinion regarding the laches in filing the petition and any delay on the part of the petitioner in seeking relief, as prayed, shall be considered by the appropriate forum.
Order Date :- 29.5.2023
Digitally signed by :- Vandana VANDANA GAUTAM High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can direct issuance of sale certificate via writ of mandamus absent documentary proof of auction and bid.
Anand Prakash Singh
The State Of Uttar Pradesh
3 Others
Salil Kumar Rai
Arun Kumar Singh Deshwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
