Court No. - 50
Case :- MATTERS UNDER ARTICLE 227 No. - 4437 of 2019 Petitioner :- Hari Ram Chaturvedi Respondent :- Ashok Kumar Maurya And 5 Others Counsel for Petitioner :- Pradyumna Kumar Counsel for Respondent :- Akhilesh Kumar Singh
Hon'ble Jayant Banerji,J.
Heard Sri Pradeep Kumar Kesri, learned counsel for the petitioner and Sri Akhilesh Kumar Singh, learned counsel appearing for the respondent nos. 3, 4 and 5.
In view of the order that is proposed to be passed, no notice is required to be issued to respondent nos.1 and 2.
This petition has been filed for a direction to the Court of Small Cause, Allahabad to decide the Mutation Appeal No. 63 of 2017 (Hari Ram Chaturvedi vs. Nagar Nigam and others), filed by the petitioner under the provisions of Section 472 of the Municipal Corporation Act, 1959.
The contention of the learned counsel for the petitioner is that he had purchased a property, bearing House No. 65-A, Allahpur, District- Allahabad, from the vendor and Zonal Officer, Nagar Nigam erroneously rejected the application for mutation filed by him on the ground that the property is subject matter of a civil dispute between the applicant and the respondent nos. 1 and 2.
Challenging the order, passed by the Zonal Officer, Nagar Nigam, Allahabad, the appeal was filed before the Court of Small Cause in the year 2017, which is pending.
Considering the facts of the case and without entering into the merits of the matter, it is provided that the court below shall proceed to consider and decide the mutation appeal aforesaid, filed by the petitioner, in accordance with law, after due notice on respondent nos. 1 and 2, preferably within a period of six months from the date of filing of a certified copy of this order before him.
With the aforesaid observation, this petition is disposed of.
Order Date :- 29.5.2019 Pkb/