FAZAL MOHAMMAD Vs. MUKHYA NAGAR ADHIKARI AND ORS.

JUDGEMENT

(1.) COUNTER affidavit on behalf of respondent No. 1 is handed over today in the Court, which is taken on record. Present petition is filed assailing the order dated 29/30.08.2013 (Annexure No. 7 to the writ petition) whereby respondent No. 1/Mukhya Nagar Adhikari directed the Kotwali Incharge, Gangnahar, Roorkee to deliver the possession of House No. 1153, Ram Nagar, Roorkee to Anju Rani, wife of Harish Kumar and (sic)ds kept in the house should be given in the possession of Kalim, son of Iliyas.

(2.) THE main grievance of the petitioner is that petitioner is in possession of property, in question and Mukhya Nagar Adhikari has absolutely no jurisdiction under any provision of law to take possession from the petitioner and to handover the same to Ms. Anju Rani.

(3.) LEARNED counsel for the respondent No. 1 submits that since an application was moved by Ms. Anju Rani before Mukhya Nagar Adhikari claiming her right over the property, in question, therefore, an inquiry was held and after inquiry, it was found that Anju Rani was the owner of property, therefore, Mukhya Nagar Adhikari passed the order impugned, herein, so that Anju Rani may not suffer adversely and justice may be done with Anju Rani.