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2025 DAILYLAW 165077 (ALL)

PUSHPA LATA SHUKLA v. NAGAR NIGAM THRU. MUNICIPAL COMMISSIONER LKO. AND 2 OTHERS

WRIC/9151/2025 · 2025-09-19

Manjive Shukla, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9151 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Aman Agarwal, learned counsel for the petitioner, Sri Rajesh Kumar Singh, learned counsel for the Respondents No. 1 and 2 and Sri Ravindra Nath Tiwari, learned counsel for the Respondent No. 3. 2. The captioned writ petition has been filed by the petitioner inter alia praying therein for the following reliefs:- "i. Issue a writ order or direction in the nature of mandamus commanding the respondent no.3 to keep abeyance the mutation application preferred by Vijay Kumar Rai till rights adjudicated by learned Civil Judge Hawali (J.D) Lucknow in terms of Civil Suit No. 1809 of 2025. ii. Issue a writ order or direction in the nature of mandamus commanding the respondent till the disposal of the suit, parties to the mutation application will not create any third party interest in respect of the property in dispute nor change the nature and character of the property in dispute. iii. Issue a writ order or direction in the nature of mandamus commanding the respondent not to evict or disturb the peaceful possession of the petitioner over the property in dispute except procedure provided under law." 3. Learned counsel for the petitioner has submitted that the petitioner has filed a Civil Suit No. 1809 of 2025 before the Civil Judge Hawali (J.D.), Versus Counsel for Petitioner(s) : Aman Agarwal, Arpit Kumar Mishra, Ujjwal Mishra Counsel for Respondent(s) : Namit Sharma Pushpa Lata Shukla .....Petitioner(s) Nagar Nigam Thru. Municipal Commissioner Lko. And 2 Others .....Respondent(s) Lucknow, therefore a direction may be issued by this court thereby commanding the authorities of Nagar Nigam not to proceed with the pending mutation proceeding during pendency of the aforesaid civil case. 4. Learned counsel appearing for Nagar Nigam and learned counsel for the Respondent No. 3 at the very outset have submitted that the prayers made in the writ petition by the petitioner cannot be granted by this Court as the mutation proceedings are made only for entering a name in respect of a property for the purposes of payment of taxes and entry made in the mutation order does not create any title in favour of any party. It has further been submitted that the civil suit mentioned in the writ petition is though pending but till date no order has been passed in the said civil suit and therefore, on that pretext there is no occasion for stopping the mutation proceeding pending before the Nagar Nigam. 5. We have considered the arguments advanced by the learned counsel for the parties and we find that merely because civil suit is pending before the Civil Judge Hawali (J.D.), there is no occasion for us to pass an order stopping the mutation proceedings pending before the Nagar Nigam. We are also of the view that mutation proceedings and order passed in the said proceeding does not create any title in favour of any party and its limited scope is that a person in whose name property is mutated, he is under obligation to pay taxes imposed by the Nagar Nigam. 6. In view of the aforesaid reasons, we do not find any ground to interfere in the matter. 7. Accordingly, this writ petition is dismissed. September 19, 2025 Anurag WRIC No. 9151 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench