Divyansh Vs State of Uttarakhand through Secretary

WPMS No. 865 of 2018 Hon’ble Manoj K. Tiwari, J.

None for the petitioner.

Mr. T.S. Phartiyal, Additional C.S.C. for the State of Uttarakhand. Mr. Lalit Sharma, Advocate for respondent no. 2.

Heard learned counsel for the parties through video conferencing. According to the petitioner, he purchased a house within territorial municipal limits of Nagar Nigam, Rudrapur, District Udham Singh Nagar.

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Since the authorities of Nagar Nigam are not mutating petitioner’s name in the municipal record in place of vendor of the property, therefore, petitioner has approached this Court seeking following relief:-

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i. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to transfer/mutate the name of the petitioner in municipal records in place of Rajesh Singh and Gaindan Lal for the purpose of paying house tax and accordingly realize and accept the house tax of house no. 42 situated at Ward No. 4 Bhadaipura, Rudrapur, District Udham Singh Nagar from the petitioner.

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Without going into the merits of the case, this Court thinks that ends of justice would be met, if petitioner is permitted to make representation to the Competent Authority, which shall be decided expeditiously.

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Accordingly, the writ petition is disposed of with liberty to the petitioner to make representation to the Municipal Commissioner, Nagar Nigam, Rudrapur

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within a period of three weeks from today. If such representation is made within stipulated time, the same shall be decided, in accordance with law, within a period of six weeks thereafter.

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Aswal

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(Manoj K. Tiwari, J.) 17.12.2020

Divyansh v. State of Uttarakhand through Secretary

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Divyansh v. State of Uttarakhand through Secretary

Case brief

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What did the court decide?

What the court decided

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