Hon'ble Alok Mathur,J.
Mr. Satish Chandra Kashish, Advocate has accepted notice on behalf of opposite party no.1 and 2, he has filed vakalatnama on their behalf today in the court, same is taken on record, whereas Mr. Krishna Kumar Singh, Advocate has put in appearance on behalf of opposite party no.3 and filed vakaltnama, same is taken on record.
Heard learned counsel for the parties and perused the records.
The instant writ petition has been filed challenging the impugned order dated 18.11.2019, passed by opposite party no.1 as contained in Annexure-1 to the writ petition, whereby the name of the petitioner has been cancelled from the records of house tax assessment in Nagar Palika Parishad, Nawabganj, District Gonda on the basis of an application preferred by the opposite party no.3.
Learned counsel for the petitioners submits that the names of petitioners along with opposite party no.3 were mutated on the basis of succession after the death of their father however vide order dated 30.7.2019 without given any opportunity the same has been cancelled.
Mr. S.C. Kashish, learned counsel for the opposite parties no.1 and 2 submits that the matter with respect to the ownership of the house in question is pending consideration before the Civil Court and during pendency of the said suit it is not proper to mutate the name of the petitioner, as such, earlier oder dated 30.7.2019, passed in this regard has been cancelled, however, he admits that before passing of the impugned order no notice was issued to the petitioners.
Mr. Krishna Kumar Singh, learned counsel for the opposite party no.3 submits that the impugned order is just and perfect and does not require any interference.
We have considered the submissions made by parties' counsel and gone through the records.
We are of the view that before passing the impugned order dated 30.7.2019, which has civil consequences for the petitioners an opportunity of hearing was required to be given to the petitioners.
At this stage, Mr. S.C. Kashish, learned counsel for opposite parties no.1 and 2 submits that in case an opportunity is required to be given to the petitioners then the court may set aside the order and give an opportunity to the competent authority to pass a fresh order in accordance with law after giving opportunity of hearing to the petitioners.
As such, we proceed to decide the writ petition with the consent of parties' counsel. The order impugned dated 18.11.2019, passed by opposite party no.1 as contained in Annexure-1 to the writ petition is hereby quashed with liberty to the competent authority to pass a fresh order in accordance with law giving opportunity of hearing to the parties concerned. The petitioners shall not alienate the property in question till a fresh decision is taken by the competent authority.
With the aforesaid observations writ petition is disposed of.
Order Date :- 18.12.2019 Ram.