This property mutation application requires the Noida Authority to decide the petitioners' plea after giving due notice and hearing to the petitioners and legal heirs within three months.
Direction to decide the mutation application within three months after notice to parties.
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Court No. - 39
Case :- WRIT - C No. - 8396 of 2021
Petitioner :- Madhu Bala Tyagi And Another Respondent :- State Of U P And Another Counsel for Petitioner :- J.B. Singh,Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
The petitioners' case is that they have moved an application for mutation against Plot No.SD-19 measuring area 377.10 sq. meter at Sector 63-A, Noida, District Gautam Budh Nagar before Nodia Authority on the basis of will allegedly executed by Rajendra Singh to whom the land was allotted by Noida Authority in lieu of acquisition of his land.
The application is stated to have been filed on 13.01.2021. It is submitted that the petitioners had applied for grant of probate and the same was granted on 31.03.2016 by the First Additional District Judge, Gautam Budh Nagar. The prayer made in the instant petition is for a direction to the respondent no.2 to decide the mutation application of the petitioners dated 13.01.2021.
Counsel for the respondents submitted that there is no mention of subject land in the will set-up by the petitioners. He further submitted that the application will be decided by the Noida Authrority after notice to the legal heirs of Rajendra Singh.
Having regarding to the stand taken by the learned counsel for respondent no.2, we dispose of the writ petition by providing that the application of the petitioners shall be decided in accordance with law after due notice and opportunity of hearing to the petitioners and legal heirs of Rajendra Prasad or anyone else claiming through him within a period of three months from the date of communication of the instant order.
Order Date :- 6.9.2021 SKD
(Deepak Verma, J.) (Manoj Kumar Gupta, J.)
1 issue framed by the court
Whether the Noida Authority must decide the mutation application after providing notice and opportunity of hearing to the petitioners and legal heirs within three months.
1 provisions across 1 enactments
Madhu Bala Tyagi And Another
State Of U P And Another
Manoj Kumar Gupta
Deepak Verma
As recorded by the court registry
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