Patna High Court - Orders
Anzar Ahmad vs The State Of Bihar & Ors on 17 July, 2015
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1181 of 2015
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Anzar Ahmad son of Late Mohi Ahmad, resident of Bihari Sao Lane, P.S.
Pirbahore, District Patna
.... .... Petitioner/s
Versus
1. The State of Bihar, through the Secretary, Urban Development
Department, Bihar, Patna
2. Deputy Municipal Commissioner, Patna Municipal Corporation, Patna
3. Ansar Ahmad Son of Late Mohi Ahmad, resident of Flat No. 301,
Minar Plaza, South Gandhi Maidan, P.S. Gandhi Maidan, District -
Patna
4. Nesar Ahmad son of Late Mohi Ahmad, resident of village - Mainpura,
P.S. Dariyapur, District - Chapra
5. Azad Ahmad Son of Late Mohi Ahmad, resident of village - Mainpura,
P.S. Dariyapur, District - Chapra
6. Sajjad Ahmad son of Late Mohi Ahmad, resident of Khajra Pharma,
Bihar Sao Lane, P.S. Pirbahore, District - Patna
.... .... Respondent/s
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Appearance:
For the Petitioner/s : Mr. Damodar Pd. Tiwary, Advocate
Mr. Kaushal Kishor, Advocate
For the Respondent/s : Mr. Mani Kant Mishra, GP-25
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 17-07-2015The short issue raised in this writ petition is that the name of this petitioner was running in the municipal records and by a collusive effort of the father of the present petitioner along with his other sons that it was replaced by his father and after his death the other sons have also been entered the mutation register.
Mr. D.P. Tiwary has appeared for the petitioner to submit that prior to the passing of the order dated 01.9.2003 by the Executive Officer it is the name of the petitioner which was Patna High Court CWJC No.1181 of 2015 (2) dt.17-07-2015 2 running in the municipal record in respect of the Holding No. 321 / 312, Circle No. 23 in the Bihari Sao Lane in the town and district of Patna. He submits that it is only under the order of the Executive Officer dated 01.9.2003 that the name of the father of this petitioner was entered and which was questioned by him in Mutation Appeal No. 18 of 2004 when the Additional Municipal Commissioner by the impugned order dated 27.11.2013 has gone ahead to include the name of the other brothers of the petitioner as well in the municipal records.
Mr. Sanjay Prakash Verma appearing for the Municipal Corporation and its authorities prays for time to file counter affidavit.
The counter affidavit should clearly mention as to in whose name the Holding No. 321 / 312 was running since until before 01.09.2003 and why it was replaced with the name of late Mohi Ahmad.
Let the mutation records in respect of Holding No. 321 / 312 also be produced before the Court.
Learned counsel for the petitioner is permitted to correct the number of the respondents during the course of the day.
Issue notice to the private respondent nos. 3 to 6 for which requisites under ordinary process as well as registered cover Patna High Court CWJC No.1181 of 2015 (2) dt.17-07-2015 3 with A/D be filed within one week, failing which this application shall stand dismissed without further reference to the Bench.
Put up after service of notice / appearance of the private respondents whichever is earlier under the heading for fixing the date of hearing in admission matter.
The Municipal Corporation may file their counter affidavit in the meanwhile.
(Jyoti Saran, J) S.Sb/-
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