Allahabad High Court
WRIC/8752/2025 of NITIN BHARTI AND 2 OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. NAGAR VIKAS ANUBHAG-6, LKO. AND 3 OTHERS on 11 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8752 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. We have heard learned counsel for the petitioners and Sri Ram Asarey Verma, learned counsel for the respondent 2. This writ petition has been filed with
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 8752 of 2025
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
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1. We have heard learned counsel for the petitioners and Sri Ram Asarey Verma, learned counsel for the respondent
2. This writ petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned order date 11.08.2025 passed by Executive Officer, Nagar Panchayat Sidhauli, District Sitapur i.e. opposite party no.2 by which the mutation on the name of the petitioners related to house no. 394 has been rejected by the Executive Officer to Nagar Panchayat Sidhauli, District Sitapur, contained as Annexure No.1 to this writ petition.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to reinstate the name of the petitioners in the mutation register regarding the house no. 294, in the interest of justice."
3. It has been submitted by learned counsel for the petitioner that the Executive Officer in collusion with the private respondent had not given any notice before passing the order cancelling mutation made in favour of the petitioner and he has deliberately mentioned the wrong number of the property.
4. Learned counsel appearing for the Nagar Panchayat-Sidhauli/ Versus Counsel for Petitioner(s) : Rajiv Raman Srivastava Counsel for Respondent(s) : C.S.C., M.K. Dixit, Ram Asarey Verma Nitin Bharti And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Nagar Vikas Anubhag-6, Lko. And 3 Others .....Respondent(s)
respondents no. 2 & 3 has raised an objection, he says that the writ petition itself is not maintainable as the petitioner has challenged an order dated 11.08.2025 passed by the Executive Officer, Nagar Panchayat- Sidhauli, which is an order passed in mutation proceedings.
5. Learned counsel for the respondent has also stated that Civil Suit has already been filed between the parties where their rights will be determined.
6. We find that an order passed in mutation proceedings does not create any right, title or interest either in favour or against a party. It is only for the purpose of determination of liability to pay tax.
7. Accordingly, this writ petition is disposed of, leaving it open for the petitioners to pursue their remedy before the competent Civil Court. December 11, 2025 Darpan Sharma WRIC No. 8752 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench