G. Satyamma v. Secretary, Ministry of Defence, Government of India, New Delhi
2003-03-04
S.ANANDA REDDY
body2003
DigiLaw.ai
S. ANANDA REDDY, J. ( 1 ) ORDER :this writ petition is filed by the petitioner praying for the writ of mandamus declaring that the purchase of assigned land i. e. plot No. 10, which was assigned to the petitioner s husband is illegal, void and consequently direct the Respondent not to grant permission to any body to raise structures. ( 2 ) ACCORDING to the petitioner, some third parties obtained a sale deed from her husband by playing fraud. As the land in question is assigned land, they will not acquire any right or interest even after such sale deed was obtained from her husband. The claim of the petitioner is that as the plot in question was assigned to her husband and as she succeeded to it after her husband s death, the third parties who have obtained sale deeds cannot use the land for erecting any structures. ( 3 ) THE parties who are alleged to have acquired title to the plot in question are not made parties to this writ petition. Further, if the plot in question is an assigned land and if there is any prohibition from alienating the same, it is not a matter for this Court to interfere in the present writ petition filed under Article 226 of the Constitution of india. If there is any violation of the provisions of Act of 1977, it is for the petitioner to approach the concerned authorities if any sale deed has been obtained by playing fraud on her husband. The petitioner can, as well, approach the civil court, if any such fraud has been committed, for appropriate relief. Reserving such liberty to the petitioner to approach the civil Court, if he so desires, the writ petition is dismissed as not maintainable. No costs.