Christ Trust vs State Of U.P. And 2 Others
2022 Latest Caselaw 3725 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- WRIT - C No. - 2533 of 2022
 

 
Petitioner :- Christ Trust
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Awadhesh Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikas Budhwar,J.

Heard learned counsel for the petitioner and Sri Sanjay Pandey, learned Standing Counsel appearing for the State respondents.

Present petition has been filed with the following prayers:-

"i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents no. 2 and 3 to rectify / correct the word University by incorporating Christ Trust pending before them in the sale deed dated 30.3.2009 as per direction issued by Hon'ble Apex Court vide order dated 3.11.2017 forthwith or within stipulated period as fixed by this Hon'ble Court.

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents no. 2 and 3 to consider the decide the application / representation of the petitioner dated 19.2.2021 (Vide Annexure No. 4 and 5 to this writ petition) pending before them forthwith or within stipulated period as fixed by this Hon'ble Court."

This matter is continuing in the list of fresh cases and was heard by this Court on several occasions.

The petitioner herein is a Trust, who has purchased the land for establishing educational institution in the district of Ghaziabad. Details whereof have been given in the present petition.

However, in view of the judgment dated 3.11.2017 of Hon'ble Apex Court the petitioner was permitted to change its name, therefore, the petitioner was seeking correction / modification in the existing sale deed.

After some arguments, learned counsel for the petitioner submitted that he is confining his prayer to prayer no. (ii) that the representation of the petitioner may be directed to be decided and whatever amount is liable to be paid by the petitioner for the purpose of completing the formalities regarding correction deed etc. the petitioner may be informed about the same.

In such view of the matter, no further consideration is required by this Court on this petition.

Accordingly, present petition stands disposed of with a direction to the respondent no. 3-Sub Registrar-3, Tehsil Compound Ghaziabad to consider the application / representation of the petitioner strictly in accordance with law and may inform the petitioner about the stamp duty payable on the instrument within a period of one month from the date of production of a certified copy of this order before him.

It is made clear that this Court has not considered the case of the petitioner on merits.

With the aforesaid observations, present petition stands disposed of.

Order Date :- 23.5.2022

Lalit Shukla