WPMS/548/2023
2023 Latest Caselaw 563 UK

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                                  WPMS No. 548 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. T.A. Khan, Senior Advocate, assisted by Mohd. Shafy, Advocate for the petitioner.

Mr. Ashish Joshi, Advocate for the respondent.

Heard learned counsel for the parties.

By means of this writ petition, petitioner has sought the following relief:

"I. To issue a writ order or direction in the nature of mandamus directing the respondents to make the recovery of taxes from the petitioner with regard to the property bearing Old Municipal No. 495 (New House No. 497 to 508, 576 to 583, 792 to 796), of Mohalla Udiwala, Karanpur, Raipur Road, Dehradun."

Learned Senior Advocate for the petitioner submits that there is a property situate within limits of Nagar Nigam, Dehradun, which was bequeathed to the petitioner by his father by way of a Will. According to learned Senior Advocate, petitioner applied for mutation of his name in municipal records based on Will and his name was recorded in municipal records, however, subsequently, mutation order was cancelled without notice to the petitioner. Challenging the cancellation order, petitioner filed an Appeal, which was allowed by learned Senior Civil Judge, Dehradun vide judgment dated 15.12.2022 and the matter was remanded to Municipal Corporation to take decision in the matter afresh, after hearing the petitioner.

In this writ petition, petitioner has sought a direction to Municipal Authorities to permit the petitioner to deposit the taxes.

Learned counsel for the respondent contends that since the matter has been remanded by learned Senior Civil Judge to Competent Authority in Municipal Corporation, therefore, unless the Competent Authority decides to mutate petitioner's name in the municipal records, no tax can be collected from the petitioner.

This Court finds substance in the contention raised by learned counsel for the respondent. Since the Competent Authority in Nagar Nigam is seized of the matter and the question as to whether petitioner is entitled for mutation of his name in municipal records has to be decided by the Competent Authority, therefore, relief, as claimed in the writ petition, cannot be granted.

The writ petition is, accordingly, disposed of with a direction to Municipal Commissioner to take decision in the matter pursuant to judgment dated 15.12.2022 rendered by learned Senior Civil Judge, within nine months' from the date of production of certified copy of this order.

It goes without saying that, before taking any decision, all the stakeholders shall be heard by the Municipal Commissioner.

(Manoj Kumar Tiwari, J.) 02.03.2023 Arpan