Neutral Citation No. - 2025:AHC:136414-DB Court No. - 40 Case :- WRIT - C No. - 27104 of 2025 Petitioner :- Vinod Kumar Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jash Ram Counsel for Respondent :- C.S.C.,Manoj Kumar Singh Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Manoj Kumar Singh, learned counsel for respondent no.2-Nagar Nigam. 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 mandamus commanding and directing the respondent no.2 to not mutate the name of respondents over the disputed property and not entertain any proceeding till the disposal of the civil litigation which is pending before the courts of Civil Judge, Allahabad and also direct till the disposal of the suit no interfere in the possession of the petitioner over the disputed property of house no.203/167A situated at Sulem Sarai, District Prayagraj. ii. Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under this circumstances of the case. iii. To award the cost of the petition of the petitioner." 3. Learned counsel for the petitioner has submitted that after the death of the father of the petitioner, a dispute arose between the petitioner and his brothers regarding the mutation of the property in question. It is submitted that a Civil Suit No.406 of 2010 has been filed by the petitioner against the private respondents which is pending before the Civil Judge (Senior Division), Allahabad. It is submitted that during the pendency of the aforesaid suit, the private respondents on the basis of a Will executed by the father of the petitioner, tried to get their names mutated, but the Zonal Officer, Nagar Nigam, Prayagraj refused to mutate the names of the private respondents on the ground of pendency of the suit between the parties. 4. It is submitted that the said order has been challenged by the private respondents in an appeal and during the pendency of the appeal, names of the private respondents have been mutated. It is submitted that the respondent-authority may be directed not to mutate the names of the private respondents. 5. Learned counsel for the Nagar Nigam vehemently opposed the aforesaid prayer and has submitted that during the pendency of the aforesaid suit, such direction cannot be issued by this Court in the present petition. 6. Considering the aforesaid submission, we are not inclined to issue a direction as the dispute regarding the property in question between the parties in Suit No.406 of 2010 is pending before the Civil Judge (Senior Division), Allahabad, therefore, in case, the petitioner has any grievance regarding the property in dispute or the transfer of the property in question, the appropriate remedy for him is to file an appropriate application for injunction before the Civil Court, and as such, no direction can be issued by this Court in exercise of power under Article 226 of the Constitution of India. 7. In view of the above, the writ petition is dismissed with the aforesaid liberty. Order Date :- 12.8.2025 SS (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad