Court No. - 1
Case :- WRIT - C No. - 38693 of 2019 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajneesh Kumar Srivastava,Abhijeet Kumar Pandey,Smt. Priyanka Srivastava Counsel for Respondent :- C.S.C.,Sunil Dutt Kautilya
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri A.K. Pandey, learned counsel for the petitioner, Sri S.D. Kautilya, learned counsel appearing for respondent nos. 2 and 3 and learned Standing Counsel for respondent no. 1.
At the very outset, learned counsel for the petitioner prays that he may be permitted to delete the names of respondent nos. 4 and 5, who are now dead. In such view of the matter, he is permitted to delete the names of respondent nos. 4 and 5 from the array of parties in the memo of writ petition.
The grievance of the petitioner is that earlier the name of Bhagwat Prasad and Salig Ram both sons of Bhola Nath were recorded in the municipal record. However, some fraud was committed by late Prem Chandra and Gyan Chandra and resultantly, the name of Suresh Chandra the father of the petitioner and Ram Chandra and Krishna Chandra sons of Bhagwat Prasada, could not come on the record. He submits that because of this act now the title has got disturbed.
Per contra, learned counsel for the respondents submits that mere mutation of the name does not confer any title and there is a civil suit going on between the parties and the matter can be got adjudicated by the petitioner in a suit in which he is contesting.
Be that as it may.
Since, the petitioner had made an application to the Municipal Commissioner, Nagar Nigam, Prayagraj regarding correction in the municipal records, we are disposing of the writ petition with a direction that his grievance may be looked into by the competent authority after giving full opportunity of hearing to all the contestants and concerned parties and appropriate order shall also be passed within a period of three months from the date of production of a certified copy of this order.
Needless to say that the order shall be reasoned and speaking one.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 28.11.2019 Shiraz