SALMAN AHMAD v. EXECUTIVE OFFICER, NAGAR PANCHAYAT JARWAL PARWAL HISAMPUR BAHRAICH
WRIC/10912/2025 · 2025-11-12
Amitabh Kumar Rai, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 196952 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196952 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10912 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner and Ms. Anupriya Bhadoriya, Advocate holding brief of Shri Surya Prakash Singh, learned counsel for the respondent. This petition has been filed with the following main prayers :
"Issue a writ order or direction in the nature of mandamus commanding the opposite party to consider and decide the application dated 14.11.2024 moved by the petitioner for mutating the name of petitioner being legal heir of Late Samiullah over the House No.153 situated in Mohalla Sarain, Nagar Panchayat Jarwal, Pargana Hisampur, Tehsil Kaiserganj, District Bahraich and House No. 253/1 situated in Mohalla Vairakaji, Nagar Panchayat Jarwal, Pargana Hisampur, Tehsil Kaiserganj, District Bahraich and for passing the order to pay the tax arrears, as contained in Annexure No.2 to this writ petition." It is the case of the petitioner that House No. 153 situated in Mohalla Sarain, Nagar Panchayat Jarwal, Pargana Hisampur, Tehsil Kaiserganj, District Bahraich and House No. 253/1 situated in Mohalla Vairakaji, Nagar Panchayat Jarwal, Pargana Hisampur, Tehsil Kaiserganj, District Bahraich were recorded in the name of the petitioner's father, namely, Samiullah, since 1986 in the records of Nagar Panchayat, Jarwal, District Bahraich. It is also stated that the mother of the petitioner died much prior to the death of the petitioner's father. After the death of his father, the petitioner moved an application dated 14.11.2024 along with an affidavit, which was sent Versus Counsel for Petitioner(s) : Sheikh Mohammad Ali Counsel for Respondent(s) : Surya Prakash Singh Salman Ahmad .....Petitioner(s) Executive Officer, Nagar Panchayat Jarwal Parwal Hisampur Bahraich .....Respondent(s)
through registered post on 16.11.2024 praying that his name be recorded in the records of Nagar Panchayat, Jarwal, in place of his late father. When no action was taken, the petitioner also moved another application on 23.12.2024 before the District Magistrate, Bahraich. The respondent thereafter wrote a letter to the District Magistrate, Bahraich mentioning therein that for recording the petitioner's name on the basis of succession, all necessary documents had not been submitted by the petitioner. Subsequently, the respondent issued a letter to the petitioner on 01.03.2025 asking him to deposit clear copies and produce the original documents relating to the house.
The petitioner thereafter wrote a letter to the respondent enclosing clear copies of all documents. However, nothing was done by the Nagar Panchayat, Jarwal and therefore, this petition has been filed with the aforesaid prayer.
Learned counsel appearing for Nagar Panchayat, Jarwal, on the basis of instructions, submits that the petitioner has not produced clear and legible copies of the documents relied upon by him to seek mutation in the records of Nagar Panchayat, Jarwal, therefore, his application could not be processed.
Learned counsel for the petitioner prays that this petition may be disposed of with liberty to the petitioner to approach Nagar Panchayat, Jarwal again with all original and clear copies of the documents. Accordingly, this petition is disposed of with a direction to the petitioner to approach the respondent i.e. Executive Officer, Nagar Panchayat, Jarwal, Pargana Hisampur, Tehsil Kaiserganj, District Bahraich, along with clear and legible copies of all original documents relating to his case within one week from today. If the petitioner approaches the office of the respondent on 19.11.2025 at 2:00 P.M. along with all documents, his case shall be processed and an appropriate order shall be passed thereon within eight weeks thereafter, after affording an opportunity of hearing to all concerned. November 12, 2025 Mahesh WRIC No. 10912 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench