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2025 DAILYLAW 159953 (ALL)

Hakeemun Nisa v. STATE OF U.P. THRU CHIEF SECY. DEPTT. OF REVENUE LUCKNOW AND ORS.

WRIC/8226/2025 · 2025-08-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8226 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:- "Issue writ order or direction in the nature of mandamus commanding the Opposite No.- 2 (Executive Officer, Nagar Nigam Lucknow, Tax Department, Zone- 2), to dismiss the Mutation Order dated- 14/5/2024 at Annexure No.-V which has been passed illegally on the basis of false Sale Deed." 3. Learned Counsel for the petitioner says that a mutation order has been passed wrongly on 14.05.2024 against the petitioner and in favour of the brother-in-law of the petitioner. The petitioner is a widow, and despite repeated representations, such order has not been cancelled by the Executive Officer, Nagar Nigam. Therefore, this petition has been filed. 4. Sri Amit Kumar Dwivedi, learned Counsel appearing on behalf of the Nagar Nigam, has stated that the mutation order dated 14.05.2024 has been passed on the basis of a registered sale deed, that the petitioner executed in favour of her brother-in-law for House No.5361, Sector-F, Versus Counsel for Petitioner(s) : Ashok Kumar, Kubra Fatima, Mohsin Asad, Muzammil Asad Counsel for Respondent(s) : C.S.C., Rishabh Tripathi Hakeemun Nisa .....Petitioner(s) State Of U.P. Thru Chief Secy. Deptt. Of Revenue Lucknow And Ors. .....Respondent(s) Rajajipuram, Lucknow. 5. In case the petitioner is aggrieved in any manner with the sale deed, the petitioner has a remedy of filing a Civil Suit for cancellation of the sale deed. In case the petitioner is aggrieved only against the mutation order, which is passed under Section 213(1) amending the name of the assessee in the Nagar Nigam records, then the petitioner has a remedy of filing an Appeal under Section 472, sub-clause 2(d) of the U.P. Municipal Corporation Act, 1959. 6. This petition is disposed of with liberty to the petitioner to approach the appropriate Forum. August 29, 2025 Rahul WRIC No. 8226 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench