Court No. - 38
Case :- WRIT - C No. - 35985 of 2018 Petitioner :- Ragini Singh And Another Respondent :- Nagar Aayukt, Nagar Nigam, Allahabad And 3 Others Counsel for Petitioner :- Vijay Kumar Ojha Counsel for Respondent :- Vivek Verma
Hon'ble Abhinava Upadhya,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioners and Sri Vivek Verma, learned counsel appearing for the respondents-Nagar Nigam.
The petitioners claim themselves to be in possession of House No. 47(old) 63/47(new) situate at Rai Bahadur Ram Charan Das Road, Balrampur House, Allahabad. They had applied for mutation and the mutation was done in their names on 24.5.2017.
It appears that after the mutation was done, respondents no.3 and 4 filed an objection and pursuant to such objection, now a show cause notice has been issued to the petitioners.
Learned counsel for the petitioners has relied upon a Circular of the Municipal Commissioner dated 6.9.2017, which prescribes that in case of any order passed for mutation, the remedy available to an aggrieved person is to file an appeal before the Judge, Small Causes Court under Section 472 of the U.P.Municipal Corporation Act, 1959 (in short the Act). Accordingly, learned counsel for the petitioners submits that such a show cause notice is totally without jurisdiction, as the respondents can go and file appeal under the aforesaid provision.
Sri Vivek Verma, learned counsel appearing for the Nagar Nigam submits that it is only a show cause notice, as the order was passed without hearing the other side, therefore, the petitioners can give a response to the show cause notice raising all these objections before the authority concerned.
We have considered the submissions of the learned counsel for the parties.
In our opinion, no interference is called for at this stage. Pursuant to show cause notice, the petitioners can take all these objections before the authority concerned, which would be considered and decided in accordance with law, as far as possible, within a period of one month from the date a certified copy of this order along with response to the show cause notice is presented before the authority concerned.
With the aforesaid observation/direction, the writ petition stands finally disposed of.
Order Date :- 29.10.2018 SKM
(Ajay Bhanot,J.) (Abhinava Upadhya,J.)