Smt. Sonia Sohal And Another vs State Of U.P. Thru Secy. And 2 ...
2013 Latest Caselaw 7312 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 66415 of 2013
 

 
Petitioner :- Smt. Sonia Sohal And Another
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- Janardan Prasad Tripathi
 
Counsel for Respondent :- C.S.C.,Nisheeth Yadav
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

This petition has been filed for quashing of the order dated 8.4.2013 issued by the Director/ Executive Officer Anjara Homes, Plot No. GH-03, Sector 16B Greater NOIDA, District Gautam Buddha Nagar and for a mandamus directing the respondent no. 1 to issue direction for the respondent no. 3 i.e. the builder not to allot the petitioners' flat to some other persons.

Preliminary objections have been raised on behalf of the respondent and it is stated that the writ petition against a private person is not maintainable and that M/s Anjara Homes do not answer the description of State within the meaning under Article 12 of the Constitution of India and they are not performing any public function/duty.

It is further stated that the cancellation of the flat is purely a private dispute between the petitioner and the Anjara Homes, no writ can be entertained  questioning the decision so taken.

Learned counsel for the petitioner could not successfully answer the preliminary objections  raised on behalf of the respondent.  On examination of records, we are also satisfied with the cancellation of the allotted flat at the hands of the owner of Anjara Homes is purely a private dispute between the two private persons. Anjara Homes do not answer the description of State within the meaning of  Article 12 of the Constitution of India nor the allotment of flat by Anjara Homes is regulated by any statutory provisions. No statutory provision or Government order is alleged to have  been violated.

Therefore, this Court cannot go into the question of legality or otherwise the order of cancellation dated 8.4.2013.

So far as the respondent no. 1 is concerned, namely, State it has not concerned with the act of Anjara Homes in the matter of allotment of flat and its cancellation and therefore no mandamus has prayed for can be issued.

The writ petition is dismissed as not maintainable.

Order Date :- 5.12.2013

Priyanka