AMAN AGRAWAL AND ANOTHER v. STATE OF U.P. AND 7 OTHERS
WRIC/16027/2025 · 2025-05-19
Arun Kumar Singh Deshwal, Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50197 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50197 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84208-DB Court No. - 3 Case :- WRIT - C No. - 16027 of 2025 Petitioner :- Aman Agrawal And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- Abhishek Krishna,C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri S.K. Pandey, learned counsel for the petitioners and Sri Abhishek Krishna, learned counsel for respondents No. 2 & 3.
2. The present petition has been filed, praying for the following relief:-
"Issue a writ order or direction in the nature of mandamus upon respondent No.3 President Nagarpalika Parishad, Azamgarh, not to pass any final order on the application dated 15.01.2021 preferred by respondent no.4 to record her name as owner over House No.81 situated in Sadavarti Chauk Azamgarh without deciding the objection dated 17.02.2025 preferred by the petitioners by reasoned and speaking order."
3. The petitioners claim an interest in the disputed property and apprehend that respondents No. 4 to 7 may get their name mutated on the basis of the will, executed by their predecessor and order may be passed without giving any opportunity of hearing to the petitioners.
4. It transpires from the record that the dispute between the parties is also pending in a civil court where the will, allegedly executed in favour of respondents No. 4 to 7, is under challenge.
5. The petitioners claim that in case the will is cancelled, they shall have a share in the disputed property.
6. In view of the aforesaid, no purpose would be served in keeping the petition pending.
7. The petition is disposed of with a direction to the Executive Officer, Nagar Palika Parishad, Azamgarh that the mutation proceeding, if any, either pending or subsequently registered before him, shall be decided only after giving the opportunity of hearing to all the stakeholders in the disputed property. Order Date :- 20.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad