- (1.) Petitioner before this Court prays for a writ of mandamus directing the respondents to execute a deed for lease hold rights with regards to the entire property of plot no. 226, sector XV-A, New Okhla Industrial Development Authority (NOIDA) with reference to the transfer memorandum dated 10/13.05.1991 (Annexure-6 to the writ petition), as also for a mandamus to cancel the second memorandum of transfer in the name of anyone, if any, and to to issue a memorandum of ownership in favour of the petitioner.
(2.) We may at the very outset record that the petitioner has made an attempt to grab the property of another person with the help of the proceedings under Article 226 of the Constitution of India. Reasons for the same are as follows : Plot No. 226, Sector XV-A, NOIDA was allotted in favour of N.S.Chaudhary who was none other than the Chairman-cum-Chief Executive Officer, NOIDA. The area of the plot was 450 sq. mtrs. Under the allotment letter it was provided that the said plot was being leased for a period of 99 years and a lease deed be got executed on satisfaction of the conditions mentioned. Surprisingly the possession certificate issued with reference thereto records name of N. S. Chaudhary, his wife Usha Chaudhary and his son Bharat Chaudhary.
(3.) From the records of the present petition it is apparent that two release deeds were executed, first by N.S.Chaudhary in favour of his wife Usha Chaudhary dated 04.02.1983 which was registered on 23.02.1983 and the other by Bharat Chaudhary, son in favour of his mother Usha Chaudhary which was registered on 19.11.1987. As a result of these release deeds, Usha Chaudhary is stated to have become the lease holder of the said plot in her exclusive capacity.;