Disposed

Smt. Reshma Bano v. State of U.P. Thru. Secy. Nagar Vikas Govt. Lko. and 3 Others

Allahabad HC8 Jul 2024/5848/2024

Case brief

AI extract

What is this about?

The Court dispelled a writ petition challenging delay in mutation proceedings by directing the respondents to dispose of the pending application within two months, subject to the petitioner's cooperation.

What did the court decide?

Direction to respondent nos. 3 & 4 to decide the mutation application within two months from the date of this order.

Smt. Reshma Bano Vs State of U.P. Thru. Secy. Nagar… — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46226-DB

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Court No. - 3

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Case :- WRIT - C No. - 5848 of 2024

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Petitioner :- Smt. Reshma Bano Respondent :- State Of U.P. Thru. Secy. Nagar Vikas Govt. Lko. And 3 Others Counsel for Petitioner :- Arshad Ahsan Siddiqui Counsel for Respondent :- C.S.C.,Satish Chandra Kashish

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the petitioner, learned learned Standing Counsel, who appears on behalf of the State-respondents and Sri Satish Chandra Kashish, learned counsel who has filed his power on behalf of respondent nos. 3 & 4, which is taken on record.

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This writ petition has been filed with the following main prayers :-

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" i. Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties, particularly opposite party no. 3 and 4, to dispose of the mutation application to substitute the name of the petitioner and alter the assessment list, relating to the property in question regarding which notice dated 09.02.2023 has been issued (contained as Annexure No. 3), pending since February 2023 and substituting/mutating the name of petitioner as owner, who succeeded by transfer (sale deed), in place of the seller.

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ii. Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party no. 4 to issue an amended/altered assessment certificate to the petitioner accordingly relating to the property in question regarding which notice dated 09.02.2023 has been issued (contained as Annexure No. 3)."

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It is the case of the petitioner that he had purchased one property from Abdul Rasheed son of Abdul Vakeel in Mohalla Nayaganj Nagar Panchayat Salon, Pargana and Tehsil Salon, District-Raebareli through a registered sale deed on 08-07-2022, which property comprises of a piece of vacant land and a dilapidated old house, total area being 149.50 sq. meter. The petitioner moved a mutation application thereafter, in the

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month of February, 2023, on which the notices have been issued, but, till date no final order has been passed.

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Sri S.C.Kashish, Advocate, on the basis of instructions received from the respondent nos. 3 & 4, has argued that objections have been invited on the said mutation application and there is a dispute, which is also pending before the civil court. Therefore, there is a delay in deciding the mutation application.

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Learned counsel for the petitioner has stated that the mutation application was filed in the month of February,2023 and till date, no order has been passed. Atleast the mutation application should be decided. He is not concerned with the decision to be taken by the appropriate authority,but, he is only concerned with the disposal of his application.

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This writ petition is disposed of with a direction to the respondent nos. 3 & 4 to decide the mutation application of the petitioner at the earliest,within a period of two months from the date a copy of this order is produced before them, subject to cooperation of the petitioner in the said proceedings.

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Order Date :- 8.7.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Reshma Bano v. State of U.P. Thru. Secy. Nagar Vikas Govt. Lko. and 3 Others

Case brief

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Smt. Reshma Bano v. State of U.P. Thru. Secy. Nagar Vikas Govt. Lko. and 3 Others

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