MOHD. HASAN & 5 OTHER v. THE STATE OF U.P. & 4 OTHER
WRIC/9727/2025 · 2025-04-04
Anjani Kumar Mishra, Jayant Banerji
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 36694 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36694 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48320-DB Court No. - 3 Case :- WRIT - C No. - 9727 of 2025 Petitioner :- Mohd. Hasan & 5 Other Respondent :- The State Of U.P. & 4 Other Counsel for Petitioner :- Mohd Sarwar Khan Counsel for Respondent :- C.S.C.,Shashi Kant Mishra Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioner and learned counsel appearing for the respondent No. 2 and 3. 2. The writ petition has been filed seeking the following reliefs:-
"(a) Issue a writ order or direction in the nature of mandamus directing the respondent No. 2 President Nagar Palika Parishad Jaunpur to decide the objection of the petitioner dated 16.12.2024 filed in Mutation Case No.208/18-19 filed by Rajesh Kumar Gupta the respondent No. 4 by reasoned and speaking order in view of judgment and order dated 20.08.1966 (Annexure No. 1 and Case Diary No.9 filed in charge sheet dated 20.10.2019 pending in the court of Nagar Palika Parishad within specific period fixed by this Hon'ble Court. (b) Issue a writ order or direction in the nature of mandamus directing the respondent No. 2 and 3 that till the disposal of the Criminal Case No. 2634/2019 State Vs Feroz Ahmad & others and Civil Suit O.S. No.68/2025, Md. Hasan & others Vs Feroz Ahmad & others kept the mutation proceeding in abeyance."
3. It appears that in a mutation case, the petitioner has filed his objection. Prayer (a), quoted above, is in respect of this objection. 4. In our considered opinion, this relief is not liable to be granted. If a mutation case is pending, the same has to be decided and the same cannot be directed to be decided piecemeal as is the prayer (a) in the writ petition. 5. Insofar as prayer (b) is concerned, even the same cannot be granted. Mutation is for fiscal purposes and for determining the person from whom municipal taxes are to be collected in case they are not paid. Such an order, in any case, does not determine the title of the parties thereon. 6. Under the circumstances and since mutation proceedings would entail or is likely to entail collection and/or recovery of taxes, even relief (b) cannot be granted. 7.
However and since, a Mutation Case No. 208/18-19 is pending, this petition is disposed of directing the concerned authority to consider the mutation application and the objections filed therein and decide the same as expeditiously as possible. Order Date :- 5.4.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad