ASHA SIROHI Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner before this Court prays for a writ of mandamus directing the respondents to execute a deed for lease hold rights with regards to the entire property of plot no. 226, sector XV-A, New Okhla Industrial Development Authority (NOIDA) with reference to the transfer memorandum dated 10/13.05.1991 (Annexure-6 to the writ petition), as also for a mandamus to cancel the second memorandum of transfer in the name of anyone, if any, and to to issue a memorandum of ownership in favour of the petitioner.

(2.) We may at the very outset record that the petitioner has made an attempt to grab the property of another person with the help of the proceedings under Article 226 of the Constitution of India. Reasons for the same are as follows :

(3.) From the records of the present petition it is apparent that two release deeds were executed, first by N.S.Chaudhary in favour of his wife Usha Chaudhary dated 04.02.1983 which was registered on 23.02.1983 and the other by Bharat Chaudhary, son in favour of his mother Usha Chaudhary which was registered on 19.11.1987. As a result of these release deeds, Usha Chaudhary is stated to have become the lease holder of the said plot in her exclusive capacity.