KARUNESH SINGH PAWAR,J. - (1.) Heard Sri Sarvesh Upadhyay, learned counsel for the petitioner, Sri Anand Kumar Singh, learned Standing Counsel for respondent no.1 and Sri Shailendra Singh Chauhan, learned counsel for the respondent nos. 2 and 3.
(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for following reliefs :- "1.Issue order or direction in the nature of mandamus to direct the respondent no, 2 and 3 to decide the application dated 01.05.2019 in which it has been made clear that the name of the petitioner is not mentioned as a legal heir in records of the office of respondents along with the name of elder brother pending before the respondent no. 2 and 3 and it is further prayed to direct the respondent no.2 and 3 to add the name of the petitioner along with his brother named Pankaj Jain in the allottees of the Bunglow no.1 river bank colony, Lucknow, U.P. after verifying the correctness of the legal heirs of the Late J.M Jain I.P.S. Original allottee of the bunglow no.1 river bank colony). 2.Any other suitable order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(3.) Award the cost of petition in favour of the petitioner." 3. Shri Shailendra Singh Chauhan, learned counsel for the respondents no. 2 and 3 has submitted that in respect of identical circumstances, an original civil suit, bearing No. 2344 of 2018, has been filed by the petitioner before the Civil Judge (Junior Division), North, Lucknow, in which written statement has been filed by the Lucknow Municipal Corporation, wherein it has been categorically stated that father of the present writ petitioner, during his life time, has got mutated the name of his elder brother, namely, Pankaj Jain and his daughter, namely, Madhu Jain in respect of the house in question. It is this action, which is impugned in the aforesaid civil suit. He has submitted that the aforesaid fact has been suppressed by the writ petitioner in the present writ petition. Therefore, the present writ petition is liable to be dismissed with costs.;