WPMS/1278/2021
2021 Latest Caselaw 2273 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 7TH DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1278 of 2021
BETWEEN:

Amarjeet Singh                          ...Petitioner
     (By Mr. Piyush Garg, Advocate)

AND:

Nagar Nigam Rudrapur & others           ...Respondents

     (By Mr. Vipul Sharma, Advocate)

                        JUDGMENT

1. By means of this writ petition, petitioner has sought following relief:-

(i) To issue a writ or direction in the nature of certiorari quashing the notice dated 16.04.2021, 14.06.2021 and 26.06.2021 issued by Nagar Nigam, Rudrapur Udham Singh Nagar (Annexure No. 3, 6 & 7 to the writ petition) and be pleased to restrain the Nagar Nigam from proceeding with the mutation exercise in pursuance of the aforesaid notices till the disposal of Civil Appeal (pending admission) NO. NIL of 2021 Amarjeet Singh Vs Rajveer Singh and others pending before the learned District Judge Udham Singh Nagar.

2. According to the petitioner, his brother Jaspal Singh had executed a gift deed in his favour.

Subsequently his son - Rajveer Singh (respondent no. 2) filed a suit for cancellation of the said gift deed, which was numbered as Civil Suit No. 10956 of 2013. The judgement rendered by trial court in the said suit is annexure no. 1 to the writ petition.

3. Perusal of the said judgment reveals that the gift deed executed by Jaspal Singh in favour of Amarjeet Singh (petitioner herein) was declared to be null and void.

4. Learned counsel for the petitioner submits that against the judgment and decree passed by learned trial court, petitioner has filed a regular first appeal under Section 96 CPC. He further submits that the said appeal has been filed within time along with a stay application. However, due to the lockdown imposed in view of COVID-19 pandemic, the said appeal could not be heard and no order has been passed on the stay application filed by the petitioner.

5. Petitioner is aggrieved by the notices issued to him by Nagar Nigam Rudrapur on the mutation application filed by respondent nos. 2 to 6. According to him, mutation of names of respondent nos. 2 to 6, if made, on the strength of trial court's judgment, without waiting for the decision in the appeal would lead to complications and the purpose of filing the appeal would be frustrated.

6. Mr. Vipul Sharma, learned counsel appearing for Nagar Nigam Rudrapur submits that Nagar Nigam has no special interest in the matter

and it shall deal with the mutation application strictly in accordance with law.

7. Having regard to the facts and circumstances of the case, the writ petition is disposed of by directing the Nagar Nigam Rudrapur to keep the mutation proceedings in abeyance for a period of six months or till disposal of the stay application by learned District Judge, Udham Singh Nagar in petitioner's regular first appeal, whichever is earlier.

(MANOJ KUMAR TIWARI, J.) Aswal