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Allahabad High Court

REKHA BHATIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is not maintainable and is dismissed.

Summary

Petitioner Rekha Bhati filed a writ petition seeking a mandamus directing the Yamuna Expressway Industrial Development Authority (YEIDA) to decide on her application for transfer of allotment rights of a residential plot in favor of a third party, Subhash Chandra, and also sought direction to the State of Uttar Pradesh to enforce any such order. The petition alleged that failure to decide would cause irreparable loss. The Court examined the prayer and observed that the petitioner was not seeking transfer in her own favour but for a third party, which is not permissible under the writ jurisdiction. Consequently, the Court held that the petition was not maintainable. The petition was dismissed.

Issues considered

  • Whether the writ petition seeking transfer of allotment rights in favour of a third party is maintainable under Article 226 jurisdiction.

Subjects

  • writ jurisdiction
  • mandamus
  • transfer of allotment
  • maintainability
  • property law
  • administrative law

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 37337 of 2026

Rekha Bhati
                                                             .....Petitioner(s)
                                   Versus

State Of U.P. And 3 Others
                                                          .....Respondent(s)

Counsel for Petitioner(s)          : Nadeem Uddin Siddiqui, Vandeep
Counsel for Respondent(s)          : Aditya Bhushan Singhal, C.S.C.

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

1. Heard learned counsel for the petitioner; learned Standing Counsel for
the State-respondents and Sri Aditya Bhushan Singhal along with Sri
Abhay Pratap Singh, learned counsel appearing for the Yamuna
Expressway Industrial Development Authority.

2. This writ petition has been filed with the following prayers :-

     "a. Issue a writ, order or direction in the nature of mandamus
     directing Respondent No.2 to 4, Yamuna Expressway
     Industrial Development Authority (YEIDA), to expeditiously
     and finally decide/dispose of the petitioner's application dated
     01.04.2026 for Transfer of Allotment Right in respect of
     Residential Plot No.858, 7th Park View, Gaur Yamuna City,
     Sector 19, Yamuna Expressway, District Gautam Budh Nagar,
     U.P., in accordance with law, by way of a reasoned and
     speaking order, within a period to be fixed by this Hon'ble
     Court, otherwise the petitioner shall suffer irreparable loss and
     injury;

     b. Issue a writ, order or direction in the nature of Mandamus
     directing Respondents, State of Uttar Pradesh, to ensure
     compliance of the directions so issued by this Hon'ble Court to
     Respondent No.2 to 4 within the stipulated time."

3. From the prayers, we find that the petitioner has not asked for the
                                                                                        WRIC No. 37337 of 2026
                                                                  2


                                    transfer of allotment in her favour but in favour of one Subhash Chandra
                                    with regard to Residential Plot No.858, 7th Park View, Gaur Yamuna
                                    City, Sector 19, Yamuna Expressway, District Gautam Budh Nagar, U.P.

                                    4. The writ petition is not, therefore, maintainable. It is, accordingly,
                                    dismissed.



                                                             (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 23, 2026
                                    GS




Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad


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