MADHURI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This writ petition has been filed by the writ petitioner saying that her husband has gifted and/or transferred the alleged property in favour of an institution to be set up in the locality. A loan was given by the State for the purpose of development in part but before grant of further loan, an inquiry was made with regard to khatauni of the appropriate land and when it was found by the State that the khatauni was false and there is no whisper in respect of the land of the school, it issued a recovery certificate to recover the loan amount which has been given by them to the petitioner for construction for the benefit of the school.

(2.) SRI Vishnu Pratap and SRI S. K. Mehrotra learned standing counsel appeared for the State and contended before this Court that the document by which the transfer was given effect to, was not a registered document. Therefore, the land cannot be mutated by incorporating the name of the appropriate person.

(3.) HOWEVER, instead of dismissing the writ petition we dispose of the writ petition to avoid further complication in respect of the recovery. If the appropriate steps, as prescribed by this Court, are taken by the writ petitioner, no recovery will be made on the basis of the recovery certificate/citation, if any, by the State. Similarly no further loan will be granted till such time. In fact the status quo as on date, will be maintained for a period of two months provided the petitioner files a civil suit before the appropriate court and/or application for mutation before the appropriate authority in the meantime. Extension of order of status quo, if any for interim protection will be made by such Court and/or authority only in case any adjudication is not complete and desirable for the relevant purposes.