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Allahabad High Court

PRANAV SUMANversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is infructuous and is dismissed as no cause of action remains.

Summary

The petitioner filed a writ petition seeking a mandamus directing the respondent authorities to fix and demarcate Plot No.212A in Greater Noida, relying on a possession certificate dated 28‑09‑2020 and a lease‑hold transfer deed dated 19‑10‑2020. The petitioner also asked the court to compel the third respondent to decide multiple applications filed with the GNIDA Authority for demarcation. The contesting respondent contended that physical possession of the plot had already been handed over to the petitioner, and therefore no cause of action remained. The court examined whether any actionable right persisted for the petitioner to obtain a mandamus for demarcation. Finding that possession was already in the petitioner’s hands and that the petition no longer raised a live dispute, the court held the petition to be infructuous and dismissed it.

Issues considered

  • Whether the petitioner has a cause of action for a writ of mandamus directing demarcation of the plot.
  • Whether the petition is infructuous given that physical possession has already been transferred to the petitioner.

Subjects

  • boundary demarcation
  • writ of mandamus
  • possession certificate
  • lease deed
  • GNIDA
  • infructuous petition
  • land dispute

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 27126 of 2025

Pranav Suman
                                                            .....Petitioner(s)
                                   Versus

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

Counsel for Petitioner(s)       : Santosh Kumar Singh, Utkarsh Prakash
                                  Singh
Counsel for Respondent(s)       : Anjali Upadhya, C.S.C., Vineet Pandey

Court No. - 21
             HON'BLE MAHESH CHANDRA TRIPATHI, J.
             HON'BLE KUNAL RAVI SINGH, J.

1. Heard Sri Santosh Kumar Singh, learned counsel for the petitioner, Sri
Fuzail Ahmad Ansari, learned Standing Counsel for State-respondents and
Sri Vineet Pandey, learned counsel for the contesting respondent.

2. The instant writ petition has been preferred praying inter alia for the
following relief :-

     "(1) Issue a writ, order or direction in the nature of Mandamus
     directing the respondent no. to fix the boundary and demarcate
     the Plot no.212A area about 70 sq.M situated at Pocket-1
     Block, Saini, Greater Noida, Gautam Buddh Nagar, in
     pursuant to the possession certificate dated 28.09.2020 as well
     as Transfer deed for lease hold right dated 19.10.2020 being
     executed in favour of petitioner in compliance of Transfer
     Memorandum dated 16.10.2020 issued by the Greater Noida
     Industrial Development Authority.

     (ii) Issue a writ, order or direction in the nature of Mandamus
     directing the respondent No.3, to decide the petitioner's
     application dated 14.05.2024 and reminder application dated
     03.07.2024, 10.10.2024, 11.11.2024, 27.11.2024, 26.11.2024,
     02.12.2024 and 31.01.2025 in the office of respondent no.3
     before the GNIDA Authority for demarcation of the boundary
     of the plot no.212A situated at Pocket 1, Saini Gautam Buddh
                                                                                            WRIC No. 27126 of 2025
                                                                    2


                                              Nagar."

                                    2. Sri Vineet Pandey, learned counsel for the contesting respondent on his
                                    instructions, submits that actual physical possession has already been
                                    handed over to the petitioner and no cause of action survives, as such the
                                    instant writ petition may be dismissed as infructuous at this stage.

                                    3. Accordingly, the instant writ petition stands dismissed as infructuous.



                                                        (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    May 5, 2026
                                    Sumit S




Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad


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