STATE OF U P Vs. DHARAM PAL

JUDGEMENT

(1.) -Heard learned standing counsel for the petitioner State, Sri S. K. Mehrotra and Sri Vipin Sinha appearing on behalf of the respondents.

(2.) THESE two writ petitions arising out of the similar controversy are being decided by a common order treating the Writ Petition No. 15189 of 2006 as the leading writ petition.

(3.) LEARNED counsel for the respondents has argued that the instrument dated 7.6.2002 was nothing but a release deed made by two co-sharers to other co-sharers who had existing right in the property and it was simply an extension of their existing share and no stranger had been admitted to the property. Therefore, it did not amount to a transfer of the property at all and the release deed would be covered by the Full Bench decision of this Court in the case of Balwant Kaur v. State, AIR 1984 All 107.