Disposed

Ramawati v. Chief Judicial Magistrate Bahraich and 4 Others

Allahabad HC3 Oct 2024WRIC/8620/2024

Case brief

AI extract

What is this about?

This order, passed on 03.10.2024 in Writ - C No. 8620 of 2024, disposed of a petition challenging an order dated 22.08.2024 by the Chief Judicial Magistrate, Bahraich. The court listed the matter for further hearing, directed parties to file affidavits within stipulated timelines, and issued an interim order to maintain status quo regarding the disputed property.

What did the court decide?

Order of status quo regarding the disputed property till the next date of listing, with direction to file counter and rejoinder affidavits.

Ramawati vs Chief Judicial Magistrate… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 7

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Case :- WRIT - C No. - 8620 of 2024

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Petitioner :- Ramawati Respondent :- Chief Judicial Magistrate Bahraich And 4 Others Counsel for Petitioner :- Pawan Kumar Misra,Alina Masoodi,Wali Nawaz Khan Counsel for Respondent :- Pritish Kumar,Surya Prakash Singh

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Hon'ble Alok Mathur,J.

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Heard Ms. Alina Masoodi, learned counsel for petitioner as well as Sri Surya Prakash Singh, counsel for respondent Nos. 2 & 3 and Sri Pritish Kumar, learned counsel who has accepted notices on behalf of respondent No. 4.

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Issue notice to respondent No. 5.

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Learned counsel for petitioner shall take steps within ten days.

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By means of present writ petition, the petitioner has challenged the order dated 22.08.2024 passed by Chief Judicial Magistrate, Bahraich exercising powers under Section 160 of Municipalities Act wherein he has held that the appeal against the order of Executive Officer, Nagar Palika Parishad, Nanpara, Bahraich is not maintainable.

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The dispute in the present case is with regard to mutation with regard to the property situated at House/Bhawan No. 79/83 Ward No. 8, Mohalla Purani Bazaar, Nanpara, District Bahraich where the petitioner claims ownership on the basis of unregistered will while the private respondents claim ownership on the basis of succession. The Executive Officer had recorded that the dispute as raised in the present case can be decided by the civil court and the order of the civil court in any case would be binding upon the municipal authorities. Accordingly, the validity of the order dated 05.07.2023 was challenged before the Chief Judicial Magistrate who has held that the same is not maintainable.

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It has further been submitted that a civil suit in this regard has already been instituted by the petitioner in the court of Civil Judge (Jr. div.), Bahraich which is numbered as Regular Suit NO. 597/2023.

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Accordingly, the matter requires consideration.

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Let a counter affidavit be filed by the respondents within three weeks from today. Petitioner shall have two weeks thereafter to file a rejoinder affidavit.

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List this case on 19.11.2024.

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As an interim measure, it is provied that parties shall maintain status quo with regard to the disputed property till the next date of listing.

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(Alok Mathur, J.)

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Order Date :- 3.10.2024 Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Ramawati v. Chief Judicial Magistrate Bahraich and 4 Others

Case brief

What is this about?

What did the court decide?

Ramawati v. Chief Judicial Magistrate Bahraich and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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