Court No. - 39
Case :- WRIT - C No. - 33187 of 2008 Petitioner :- Salah Uddin Ahmad And Other Respondent :- State Of U.P. And Another Counsel for Petitioner :- A.K. Tewari,Rudreshwari Prasad Counsel for Respondent :- C.S.C.,A.K. Tiwari,Prashant Mathur
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Rudreshwari Prasad, learned counsel for the petitioner. No one appears for the respondents.
The petitioners in the writ petition are seeking a direction in the nature of mandamus to the respondents to correct the entry in the House No. 45, Bada Baghara, Allahabad (in short the 'disputed house') and also delete the name of the dead persons.
In paragraph 4 of the writ petition, it is stated that the petitioners were co-tenants with his father Badruddin and Sayeed and others and in possession of the disputed house. However, in paragraph 14 of the writ petition, the petitioners' father is mentioned as Haider Ali and thereafter, Badruddin.
It is not clear as to whether the petitioners' father is Badruddin or Haider Ali. There is a reference to a death certificate in the same paragraph but it is not clear whether it is a death certificate of Badruddin or Haider Ali. In paragraph 13, it is stated that in 1320 fasli the names of Abid Ali and Haider Ali were recorded in respect of the disputed house and the petitioners and other co-tenants are stated to be the descendants of Abid Ali and Haider Ali.
In the counter affidavit, the respondents have, however, clarified the position by pointing out that Badruddin Ahmad was the father of the petitioners but the disputed house was recorded in the name of Abid Ali.
Be that as it may, the writ petition is disposed of giving liberty to the petitioners to file a fresh application before the Executive Officer, Cantonment Board, Allahabad, the respondent no. 2 in respect of their claim as made in the writ petition. If such an application is made within fifteen days from today, the respondent no. 2 shall consider and decide the said application within a further period of three months in accordance with law.
Order Date :- 30.11.2018 nd