AJAY KUMAR AGRAWAL Vs. NAGAR NIGAM VARANASI

JUDGEMENT

(1.) Heard Sri Tarun Agrawal, learned counsel for the petitioner, Sri Vineet Sankalp, learned counsel appearing for respondent no. 1 and Sri Prashan Pandey, learned counsel representing for respondent nos. 2 to 7 and perused the record.

(2.) Pursuant to a registered sale deed dtd. 29/6/2009, the petitioners have applied for mutation of their names in the records of Nagar Nigam, Varanasi in place of the vendor namely Lalji in respect of the property transferred to them.

(3.) It is contended that the Additional Municipal Commissioner (Zonal Officer), Varanasi, by order dtd. 30/12/2009, recorded his satisfaction that during the course of spot inspection, the petitioners were found in possession and in so far as the record is concerned, the petitioners have claimed mutation on the basis of aforesaid registered sale deed. The Additional Municipal Commissioner also recorded that the objection filed by the private respondents to the effect that no partition has taken place in respect of the property in dispute and that Lalji had surrendered his rights in the property after receiving money of his share, could not stand established. Accordingly, a conclusion was drawn that name of the petitioners can be recorded over half of the property and in case objectors want to get their rights adjudicated upon, they may get the same done from the competent civil court.