RUPESH KAKKAD Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petition impugns the order dated 29th December, 2011 of the respondents Union of India (UOI), Joint Secretary (C&W), Defence Finance and Defence Estate Officer Cantonment Board rejecting the request of the petitioner for mutation of property, being leasehold plot of GLR Survey No. 73/2, Varanasi Cantonment, to the name of the petitioner. Axiomatically, a mandamus is sought for mutation in the name of the petitioner.

(2.) THE petition was entertained and the respondents have filed a counter affidavit to which a rejoinder has been filed by the petitioner. The petitioner, in compliance of the order dated 1st April, 2013 in this proceeding, has filed an additional affidavit and to which a response has been filed by the respondent. The respondent has filed yet another supplementary affidavit in pursuance to the order dated 26th November, 2014 in this proceeding. The petitioner is stated to have filed a response to the said supplementary affidavit of the respondents but which is not on record. The counsel for the petitioner states that he is not pressing for the same to be considered. The counsels have been heard. The position which emerges is as under: -

(3.) ON enquiry, it is informed that a separate application for mutation was filed by the petitioner along with Shri Rajendra Kakkad, Sh. Illesh Kakkad and Sh. Nilesh Kakkad with respect to 17,008 sq. ft. of land but the same is still pending consideration.