Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:117847-DB Court No. - 40 Case :- WRIT - C No. - 17726 of 2025 Petitioner :- Madan Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Bahadur Yadav Counsel for Respondent :- C.S.C.,Gaurav Kumar Chaturvedi Hon'ble Saral Srivastava,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Gaurav Kumar Chaturvedi for respondent no. 3.
2. The grievance of the petitioner is that though an application seeking mutation of his name in relation to immovable property is pending consideration before the respondent no. 3, no order has been passed and, therefore, the present petition has been filed.
3. On perusal of the record, we find that there was a dispute between the parties which formed basis of a civil suit. A decree was drawn by the first appellate court in favour of the petitioner in the year 2013. The matter reached upto this Hon'ble Court in the form of Second Appeal No. 1188 of 2013 in which the interim
order was vacated.
4. Learned counsel for the petitioner submits that after vacation of the interim order, the decree has been executed in full satisfaction and the actual and physical possession of the property has been delivered to the petitioner.
5. We find that the order of the civil court as well as the memo of delivery of possession has been annexed along with the application dated 27.05.2024 in relation whereof mandamus has been sought.
6. Considering the facts and circumstances of the case and the
situation that the respondents no. 4 and 5, as on today, are not before this Court, this petition is disposed of in the following terms:- (i) The petitioner is permitted to file a fresh application before the respondent no. 4 along with a copy of this order within ten days from today. (ii) As soon as the application is filed, the respondent no. 3 shall call upon the respondents no. 4 and 5 and shall dispose of the application in accordance with law within next one month after providing full opportunity of hearing to the petitioner and the said respondents.
Order Date :- 21.7.2025 AKShukla/- (Kshitij Shailendra, J) (Saral Srivastava, J) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad