HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2015 of 2024 (M/S) Chander Singh Bhakuni and another .......Petitioners Versus Nagar Palika Parishad and others .….Respondents Present:- Mr. M.S. Pal, Senior Advocate assisted by Ms. Medha Pande, Advocate for the petitioners. Mr. Bhupendra Singh Bisht, Advocate for the respondent no. 1. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) It is the case of the petitioners that late Sri R.D. Upreti had purchased a property in Mankapur Compound, Mallital, District Nainital in the year 1995. He expired on 14.08.2010. He left the petitioners and the respondent nos. 2, to 5 as legal heirs. After the death of Sri R.D. Upreti, the respondent nos. 2 & 3 made a representation before the Nagar Palika Parishad, Nainital, which was allowed. When the petitioners came to know about it, they moved an application before the Nagar Palika Parishad, Nainital submitting that their signatures have been forged by the respondent nos. 2 & 3. But, the Nagar Palika Parishad directed the petitioners to approach the concerned court. Thereafter, the petitioners preferred Nagar Palika Appeal No. 04 of 2012, Smt. Sheela Bhakuni v. Nagar Palika Parishad, Nainital and others, before the court of Chief Judicial Magistrate, Nainital (“the appeal”). The appeal was decided on 28.02.2012 remanding the matter back to the Nagar Palika Parishad, Nainital, but till date no decision has been taken and the petitioner no. 1 has been required to submit a succession certificate. It is the case of the 2 petitioners that succession certificate does not relate to individual property. Therefore, petition has been filed for quashing of the order dated 01.03.2024 passed by the respondent no. 1, by which the petitioner no. 1 was directed to produce the succession certificate, as well as for seeking direction to the respondent no. 1 to decide the case pending before the respondent no. 1 with regard to mutation. 2. Heard learned counsel for the parties and perused the record. 3. Counter affidavit has already been filed on behalf of the respondent no. 1. 4. It is the case of the respondent Nagar Palika that till date the Nagar Palika has not taken any decision in the matter and with regard to forgery of the documents, the matter is pending in the court. 5. Learned Senior Counsel for the petitioners submits that the directions may be issued to the Nagar Palika Parishad, Nainital to decide the matter expeditiously. 6. Learned counsel for the respondent Nagar Palika gives a statement that within a month, the mutation case will be decided by the Nagar Palika. He also submits that need of succession certificate will also be considered by the Nagar Palika while deciding the matter. 7. The Court takes on record the statement given by the learned counsel for the respondent Nagar Palika. 8. The writ petition is disposed of with the direction to the Executive Engineer, Nagar Palika Parishad, Nainital to decide the 3 mutation case, which in the appeal was remanded on 28.02.2024 by the Chief Judicial Magistrate, Nainital, within a period of one month from today. (Ravindra Maithani, J) 03.07.2025 Avneet/