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2025 DAILYLAW 81897 (ALL)

DEV KUMAR PORWAL v. STATE OF U.P. AND 4 OTHERS

WRIC/25689/2025 · 2025-08-03

Arun Kumar Singh Deshwal, Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130423-DB Court No. - 40 Case :- WRIT - C No. - 25689 of 2025 Petitioner :- Dev Kumar Porwal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Prashant Shukla, learned counsel for the petitioner and Sri Saurabh Tiwari, learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "(i). Issue a writ order or direction in the nature of Certiorari and calling entire record from the office of respondent no.4 regarding House No.18, Girdharipura Mohalla Mandir Daan Sahai (front of Central Bank of India) Bharthana District Etawah since financial year 2005 & 2006 and up to date. (ii). Issue any other writ, order, or direction in the nature mandamus commanding the respondents particularly respondent no. 4 & 5 to not change the nature of house and also restrained to not create third party rights regarding R/o 18, Girdharipura Mohalla Mandir Daan Sahai (front of Central Bank of India) Bharthana District - Etawah. (iii). Issue any other writ order or direction which this Hon'ble Court may deem fit and proper under the fact and circumstances of the case. (iv). Award the cost of the writ petition to the petitioners." 3. Learned counsel for the petitioner has contended that after the death of father of petitioner, respondent no.5, who is the real brother of petitioner, fraudulently got his name mutated in the revenue record against which, petitioner has filed objection under Section 143 read with Section 147 of U.P. Municipalities Act, 1916, but the concerned authority has not decided the said objection. It is submitted that petitioner has also filed appeal, though, the appeal was not maintainable and he will withdraw the appeal. 4. Learned counsel for the Nagar Palika has submitted that in case petitioner undertakes to withdraw the appeal, the objection of the petitioner would be considered by the respondent no.4. 5. In view of above, the present writ petition is disposed off with a direction to respondent no.4-Chairman/Executive Officer, Nagar Palika Parishad, Bharthana, District Etawah to decide the objection of the petitioner dated 21.02.2025 against the mutation of name of respondent no.5 in the revenue record within a period of one month from the date of production of certified copy of this order provided that the petitioner after withdrawing the appeal shall file copy of order withdrawing the appeal before the respondent no.4. Order Date :- 4.8.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad