Shree Mohanlal Saraf Charitable ... vs Municipal Corporation Gwalior
2023 Latest Caselaw 9936 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                      ON THE 1 st OF JULY, 2023
                                              WRIT PETITION No. 13878 of 2023

                          BETWEEN:-
                          SHREE MOHANLAL SARAF CHARITABLE TRUST
                          GWALIOR THROUGH ITS PRESIDENT NEMICHAND
                          JAIN S/O LATE SHRI MOHANLALJI SARAF, AGED-63
                          YEAR S, OCCUPATION: BUSINESS R/O SADAR BAZAR
                          OPPOSITE GANJ GATE MORAR GWALIOR (MADHYA
                          PRADESH)

                                                                                          .....PETITIONER
                          (BY SHRI S.K. SHRIVASTAVA- ADVOCATE)

                          AND
                          MUNICIPAL CORPORATION GWALIOR THROUGH
                          COMMISSIONER     MUNICIPAL  CORPORATION
                          GWALIOR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY SHRI NAKUL KHEDKAR- ADVOCATE )

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

A short controversy is involved in the matter as the application for mutation of the name of the present petitioner is pending before the respondent/corporation since 2013, but till date no action has been taken upon the said application neither the name has been mutated in the municipal records nor it has been rejected.

Learned counsel for the petitioner submits that on the basis of one judgment and decree dated 17.09.2009, the petitioner is claiming for mutating its Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 03-Jul-23 10:59:42 AM

name in the municipal records, but the respondents are sitting tight over the matter and have not mutated the name of the petitioner till date. Earlier also a W.P. No.8190/2013 was filed which was disposed of with the directions to Corporation to decide the representation and take necessary action in the matter, but the Corporation has also ignored the earlier order passed by this Court. Thus, it was prayed that writ of mandamus be issued to the Corporation for mutating the name of the petitioner/trust in the municipal records.

Shri Nakul Khedkar, who usually appears for Corporation is directed to accept notice on behalf of the corporation. He submits that the petitioner may be directed to file fresh representation with regard to mutation of its name in the

municipal records and if such representation is filed, the same would be decided, in accordance with law.

After hearing counsels for the parties, this Court is of the opinion that it would be expedient to direct the petitioner/trust to move fresh representation with regard to relief which they have claimed in this petition, before the Commissioner Municipal Corporation and the Commissioner, Municipal Corporation in turn is directed to decide the same in accordance with law as expeditiously as possible preferably within a period of six weeks from the date of receipt of certified copy of this order.

In case if he finds that the name of the petitioner/trust could be recorded in the municipal records, the same be done forthwith.

With the aforesaid directions, the petition stands disposed of. CC as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 03-Jul-23 10:59:42 AM

Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 03-Jul-23 10:59:42 AM