NIRMALA DEVI Vs. UPPER COMMISSIONER NAGAR NIGAM

JUDGEMENT

(1.) Heard Sri A.B. Singh, learned Counsel for the Petitioners, Sri R.C. Shukla appears for Respondent Nos. 5, 6 and 7 and Sri Rajesh Kumar Pandey appears for Respondent No. 1.

(2.) By this writ petition the Petitioners have prayed for quashing the order dated 19.5.2008, passed by Up Nagar Ayukat by which earlier order dated 11.6.2007 passed with regard to House No. 337/18, Shivkuti, Allahabad has been recalled and a direction has been issued to record the name of Respondent Nos. 5, 6 and 7.

(3.) Brief facts of the case which are necessary to be noted for deciding the writ petition are that with regard to House No. 337/18 situate at Shivkuti, Allahabad an order for mutation dated 11.6.2007 was passed for mutating the name of the writ Petitioners which was made subject to decision of the Civil Court, in pending Civil Suit No. 613 of 1989. After the said order was passed after hearing both the parties, the proceedings were reopened on the application submitted by the Respondent Nos. 5, 6 and 7 before Mayor. The Petitioners as well as Respondent Nos. 5, 6 and 7 submitted application for mutating their names on the basis of respective sale-deeds. Both the parties resisted claim of other side. The dispute regarding title between vendors of both the parties is pending consideration before the Civil Court in Suit No. 613 of 1989. After the order dated 11.6.2007 mutating the name of Petitioners and rejecting the objection of Respondent Nos. 5,6 and 7 an application was submitted to the Mayor of the Nagar Nigam by Respondent Nos. 5, 6 and 7 in which certain directions were issued. It appears that on the aforesaid directions again notices were issued to the parties and after hearing the parties a fresh order dated 19.5.2008 has been passed by which earlier order dated 11.6.2007 has been set aside and a direction was issued for mutating the name of Respondent Nos. 5,6 and 7. The Petitioners aggrieved by the said decision has come up in the writ petition.