High CourtsSingle Bench(2021) 10 UK CK 0170

Hemlata Singh vs Executive Officer/Chairperson Tax Assessment Committee, Nagar Palika Parishad, Naintial

Uttarakhand High Court · Decided on 27 October 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2153 Of 2021

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Judgment

7 paragraphs · 241 words

Manoj Kumar Tiwari, J

1.

Heard learned counsel for the parties.

2.

According to the petitioner, she has filed an application, seeking mutation of her name in the Municipal records in respect of a property known as 'Grassmere Estate' situate in Mallital at Nainital.

3.

By means of this Writ Petition, petitioner has sought a direction to Executive Officer, Nagar Palika Parishad, Nainital to take decision on the said application.

4.

Mr. Ajay Singh Bisht, learned counsel appearing for the respondent was asked to get instructions. Today, on instructions, he submits that, as per the mutation application filed by the petitioner, there are as many as 10 respondents and decision on petitioner's mutation application can be taken only when all the respondents to the said application are served. He, therefore, submits that at least nine months' time would be needed for deciding petitioner's application, that too, when petitioner takes immediate steps for effecting service upon the respondents.

5.

Having regard to the aforesaid facts of the case, the Writ Petition is disposed of with a direction to Executive Officer, Nagar Palika Parishad, Nainital to consider petitioner's application for mutation and take appropriate decision, in accordance with law, as early as possible, preferably within nine months from the date of production of certified copy of this order.

6.

It is made clear that decision on petitioner's application shall be taken only when Executive Officer is satisfied that all the respondents are served.