Petitioner sought mutation of her name in municipal records as daughter of deceased owner. Court declined writ mandamus as name of petitioner's brother was already mutated without challenge, leaving remedy with authorities.
None. Petitioner advised to approach municipal authorities for appropriate application.
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Court No. - 21
Case :- WRIT - C No. - 4837 of 2022
Petitioner :- Madhu Baranwal Respondent :- State of U.P. and Another Counsel for Petitioner :- Abhinava Krishna Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The prayer made in the instant petition is for issuance of a direction to respondent no. 2 to mutate the name of the petitioner in municipal record in respect of House No. 148, Ward No. 6, Mohalla Guru Tola, Purani Sabzi Mandi and House No. 181/61, Mohalla Matbarganj, Wesley Market, District Azamgarh by passing appropriate orders on the applications dated 21.10.2020 and 27.09.2021.
The petitioner is claiming right to get her name mutated being the daughter of the earlier owner namely Jokhu Lal Baranwal who is stated to have died on 23.10.2008.
Learned counsel for the petitioner, on a query made by the Court, has admitted that after death of father of the petitioner, name of the brother of the petitioner was mutated in revenue records. The order mutating the name of the brother of the petitioner has not been challenged nor it seems that any application for recall of the said order was filed by the petitioner before the municipal authorities.
In such circumstances, we decline to issue any mandamus but leave it open to the petitioner to make appropriate application before the authorities or seek such other remedies as may be available to her under law.
Order Date :- 25.3.2022 Pratima
(Dr.Y.K.Srivastava,J.) (Manoj Kumar Gupta, J.)
Digitally signed by PRATIMA AGRAHARI Date: 2022.03.25 17:49:28 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether writ Court ought to direct mutation of name in municipal records.
Whether petitioner has approachability for mutation before writ Court.
Whether matter has become infructuous for writ relief.
Madhu Baranwal
State of U.P.
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
