HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9166 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioners and Shri Krishna Kumar Pandey, learned Counsel appearing on behalf of the Respondent nos.1 and 2. 2. In view of the order proposed to be passed issuance of notice to the Opposite party no.3 is dispensed with. 3. This petition has been filed by the petitioners for the following prayers:- "(1) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties no.1 and 2 to consider and decide the application dated 22.03.2023 as contained in Annexure no.5 to this writ petition by passing a reasoned and speaking order and mutate the names of the petitioners over the property in question, within such time bound period as may be deemed fit and fixed by this Hon'ble Court. (ii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit, just and proper in the circumstances of the case. (iii) Allow the writ petition with costs." 4. It is the case of the petitioners that the plots in question were purchased by the uncle of the petitioners and brother of the Opposite Versus Counsel for Petitioner(s) : Mohd. Tabrez Iqbal, Badre Alam Counsel for Respondent(s) : Namit Sharma Mohd. Salim And 2 Others .....Petitioner(s) Nagar Nigam Lko. Thru. Nagar Ayukt And 2 Others .....Respondent(s) party no.3 namely Abdul Wahid, who died issueless on 13.07.2020 leaving behind his widow namely Smt. Shakeela Bano. The aunt of the petitioners and sister-in-law of the Opposite party no.3 Smt. Shakeela Bano, also died on 23.04.2021. The petitioners and the opposite party no.3 had inherited the property in question. The petitioners have filed a Regular Suit No.1393 of 2025 before the Civil Judge (Senior Division), Mohanlalganj, District Lucknow, seeking a decree of declaration in their favour. The Respondent no.3 has appeared in the said Suit and both of them have entered into a compromise on 04.01.2023 and the Civil Judge (Senior Division), Mohanlalganj, District Lucknow, has decreed the suit in terms of the compromise by its judgment and order dated 03.02.2023. Thereafter, the petitioners moved an application for mutation on 22.03.2023 before the Opposite party nos.1 and 2 but said application has remained undecided till date. 5. Shri Krishna Kumar Pandey, Advocate, who has filed his Power on behalf of the Opposite party nos.1 and 2, Nagar Nigam, Lucknow, which is taken on record. Shri Krishna Kumar Pandey, has taken us through the instructions sent by the Zonal Officer, Zone-6 Nagar Nigam, Lucknow, and the Tax Officer, Zone-6, Nagar Nigam, Lucknow, wherein it has been mentioned that the Plot Nos.213 and 214 have been used by the parties to erect apartment block a registered builder agreement has been entered into between the petitioners relative Shri Abdul Wahid son of Habibullah and one Mohammad Shakeel son of Subrati Miyan. Four floors have been constructed. Abdul Wahid son of Habibullah died as also his wife they were issueless. The Revenue Inspector has conducted an on the spot inspection of the apartment block and finds that the petitioners are not in possession. The others persons are in possession of the property in question. Mutation can be done only if there is actual physical possession of the property by the applicant. In this case, since the petitioners are not in actual physical possession then they cannot be mutated. 6. This writ petition is disposed of with a direction to the Respondents/ Competent Authority to consider and decide the WRIC No. 9166 of 2025 2 Mutation application, strictly in accordance with law, within a period of two months from the date a certified copy of this order is produced before him. September 25, 2025 N.PAL WRIC No. 9166 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench