Case Details

  • Petition for Special Leave to Appeal (C) No. 21602/2026 filed by Himri Estate Private Limited.
  • Originates from impugned judgment dated 30‑04‑2026 in WRITC No. 27397/2024 of Allahabad High Court.
  • Order issued by Supreme Court of India on 10‑06‑2026.
  • Dispute concerns mutation of property title issued on 10‑05‑2023 under SARFAESI Act.

Parties Involved

  • Petitioner: Himri Estate Private Limited.
  • Respondents: State of Uttar Pradesh & Anr.; Ghaziabad Development Authority (GDA) as the administrative authority.
  • Previous Forum: High Court of Judicature at Allahabad.
  • Supreme Court Bench: Justice Prashant Kumar Mishra, Justice Atul S. Chandurkar.
  • Counsel for Petitioner: Sr. Adv. Dinesh Dwivedi, Sr. Adv. Rahul Kaushik, Adv. Ritesh Kumar, Adv. Yugandhara Pawar Jha, AOR Ankit Rajgarhia, Adv. Ujjwala Gupta.
  • Court Masters: Nisha Khulbe (SH), Akshay Kumar Bhoria (NSH).

Issues / Allegations / Violations

  • Himri Estate purchased the subject property in a SARFAESI auction; sale certificate issued on 10‑05‑2023.
  • Petition for mutation of title pending before GDA; High Court interim order on 18‑02‑2025 indicated no hindrance to mutation.
  • GDA refused to mutate the title, causing petitioner loss of statutory clearances and permissions.
  • The writ petition before the High Court has been listed 34 times without final disposal.

Findings & Observations

  • Supreme Court, after perusing the petition papers, observed that mutation should not be withheld pending the final High Court decision.
  • Recognised the petitioner’s loss due to GDA’s refusal and the prolonged pendency.

Penalties / Settlements / Directions

  • The Court directs GDA to mutate the petitioner’s name on the subject property within six weeks of receipt of the order.
  • The direction is subject to the final outcome of the writ petition before the High Court.
  • All pending applications, if any, are to stand disposed of.

Corrective Actions & Future Obligations

  • GDA must complete the mutation process within the stipulated six‑week period.
  • Parties will be heard before the High Court for any final decision on the writ petition.

Final Ruling & Enforcement

  • Order dated 10‑06‑2026, signed by Justices Mishra and Chandurkar.
  • Enforcement through the Court Masters (Nisha Khulbe, Akshay Kumar Bhoria).