Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:23057-DB Court No. - 3 Case :- WRIT - C No. - 4737 of 2025 Petitioner :- Pradeep Kumar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Mayank Prakash Rawat,Surendra Kumar Counsel for Respondent :- C.S.C.,Manoj Kumar Singh Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioner and the counsel appearing for Nagar Nigam, Prayagraj.
2. The writ petition seeks the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to delete the name of respondent no.3 to 9 from the assessment of House no.85/62 (which has wrongly been mentioned in the assessment of house no.85/62) which is situated at village Haulipar, Mehdauri, Teliarganj, District Allahabad, Uttar Pradesh and register the name of present petitioner/applicant in the aforesaid assessment in place of respondent no.3 to 9 on the basis of documents which was shown by the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the representation of the petitioners dated 10.01.2024."
3. It is the case of the petitioner that the property in question was ancestral property. On the basis of a partition between the heirs, the property was recorded in the municipal records allotting separate house numbers.
4. However, the name of the respondents were also included in the portion which came in the exclusive share of the petitioner.
5. It is submitted that a representation has been made to the respondent no.2 in this regard and it is this representation which is sought to be decided through directions by this Court.
6. In our considered opinion, in case a wrong mutation has been made, the remedy available to the petitioner is by an appeal under Section 472 of the Municipal Corporation Act,
1959.
7. This Court refuses to interfere in the matter on account of
availability of a statutory alternative remedy of an appeal, which the petitioner may avail, in case so advised.
8. Subject to the above, the writ petition is dismissed. Order Date :- 18.2.2025 Irshad Digitally signed by :- IRSHAD AHMAD SIDDIQUI High Court of Judicature at Allahabad