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Allahabad High Court

RAJESHWARI DEVIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court directed that the Property Manager shall hear the parties and decide the representation within one month of the order.

Summary

The petitioner, Smt. Rajeshwari Devi, filed a writ petition seeking a mandamus directing the Housing Commissioner of U.P. Awas Evam Vikas Parishad to decide a representation dated 25 March 2026 concerning the mutation of property records for Plot No. 14, Phase II, Navasheel Dham, Bithoor. The petition arose after the death of the original allottee, Girja Shankar, when only the petitioner's name was mutated, and an objection was raised that the names of her sons should also be included. The petitioner subsequently filed an application on 25 March 2026 with her daughter and two sons, while Respondent No. 4 claimed exclusive right to have his name recorded. The Court held that the Property Manager may process the application after granting a hearing to the petitioner and her children, including Respondent No. 4, and must decide the matter within one month of the certified copy of the order. Accordingly, the writ petition was disposed of.

Issues considered

  • Whether the High Court can issue a mandamus directing the Housing Commissioner to decide the representation within a stipulated time.
  • Whether the mutation of the names of the petitioner's children on the property record is warranted.
  • Whether Respondent No. 4 has an exclusive right to have his name recorded over the property.

Subjects

  • mandamus
  • mutation of title
  • Housing Commissioner
  • property law
  • succession
  • writ petition
  • Uttar Pradesh Awas Evam Vikas Parishad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 20632 of 2026

Rajeshwari Devi
                                                               .....Petitioner(s)
                                    Versus

State Of U.P. And 2 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)        : Deepak Singh, Diksha Duggal
Counsel for Respondent(s)        : Ajit Singh, C.S.C., Ravi              Anand
                                   Agarwal

Court No. - 29
                  HON'BLE SIDDHARTHA VARMA, J.
                  HON'BLE KUNAL RAVI SINGH, J.

1. We have heard Shri Deepak Singh, learned counsel for the petitioner;
Shri Ajit Singh and Shri Utkarsh Agarwal, holding brief of Shri Ravi Anand
Agarwal, learned counsel for Respondents No. 2 and 3 -U.P. Awas Evam
Vikas Parishad; and Ms. Ritu Singh, learned counsel for Respondent No. 4.

2. This writ petition has been filed by the petitioner, Smt. Rajeshwari Devi,
praying for a writ, order, or direction in the nature of mandamus directing
Respondent No. 2 to decide the representation dated 25th March, 2026
moved by the petitioner within a stipulated time fixed by this Court. Further
a prayer has been made for a direction to the respondent No. 2 i.e. the
Housing Commissioner, U.P. Awas Evam Vikas Parishad, Lucknow to
mutate the names of the applicants of the application dated 25th March,
2026.

3. It is submitted by the learned counsel for the petitioner that upon the death
of the original allottee, namely Girja Shankar, on 16th June, 2023, the name
of the petitioner (wife) alone was mutated in the records concerning Plot No.
14, Phase II, Navasheel Dham, Bithoor, District Kanpur Nagar, pursuant to
her request. Thereafter, Respondent No. 4 raised an objection that the names
of the sons ought to have been mutated as well. Realizing her mistake, the
petitioner once again moved an application dated 25th March, 2026.

4. We find that the application dated 25th March, 2026 was moved by the
petitioner along with her daughter, Anita Dohre, and two sons, Abhishek
Singh and Manish Singh, whereas Ajit Singh-respondent No. 4 did not join
                                                                                             WRIC No. 20632 of 2026
                                                                     2


                                    the petitioner in moving the application.

                                    5. Ms. Ritu Singh, learned counsel appearing for Respondent No. 4, has
                                    however submitted that Respondent No. 4 alone is entitled to have his name
                                    recorded over the property in question.

                                    6. Be that as it may, we are of the view that the Property Manager of the
                                    U.P. Awas Evam Vikas Parishad may deal with the application filed by the
                                    petitioner on 25th March, 2026 after giving an opportunity of hearing to the
                                    petitioner    and   her   children,   specially   Respondent   No.    4.   The
                                    application/representation shall thereafter be decided in accordance with law
                                    within a period of one month from the date of production of certified copy of
                                    this order.

                                    7. With these observations, the writ petition stands disposed of.




                                                                (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 17, 2026
                                    Sumaira




Digitally signed by :-
SUMAIRA AQUIL
High Court of Judicature at Allahabad


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