- (1.) The present writ petition has been field under Article 226 of the Constitution of India making the following prayers: (i) issue a writ order or direction in the nature of certiorari quashing the impugned order dated 12.5.2011 (Annexure No. 1 to the writ petition) passed by respondent No. 3, approving the recommendation/report dated 11.5.2011 submitted by the respondent No. 4, whereby the names of respondent Nos. 5 to 8 have been mutated as owner in respect of House No. D-1/62 and D-1/63, Mohalla Lalita Ghat, Lahauri Tola, Varanasi. (ii) issue a writ order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful possession of the petitioner over the disputed land. (iii) issue any other writ order or direction in the like nature which this Hon'ble may deem fit and proper in the circumstances of the case. (iv) Award the costs of the writ petition to the petitioner. The dispute relates to House No. D-1/62 and D-1/63, situated at Mohalla Lalita Ghat, Lahouri Tola, Varanasi (hereinafter also referred to as "the property in question").
(2.) It appears that the petitioner filed a suit for permanent injunction to restrain the defendants in the said suit from interfering in the possession of the petitioner in respect of the property in question, the said suit was registered as Original Suit No. 744 of 2003. By the judgment and decree dated 12.5.2005 passed by the Civil Judge (Junior Division), City, Varanasi, the said suit was decreed ex-parte restraining the defendants in the said suit from interfering in the property in question.
(3.) On the basis of the said ex parte judgment and decree dated 12.5.2005, the petitioner made an application before the respondent No. 4 for mutation of his name in the record of Nagar Nigam, Varanasi in respect of the property in question. By the order dated 24.3.2008 passed by the Sahayak Nagar Ayukt/Zonal Officer, Dashaswamedh Ward, Varanasi, the application of the petitioner for mutation in respect of the property in question was allowed. Pursuant to the said order dated 24.3.2008, the name of the petitioner was mutated in the record of Nagar Nigam, Varanasi in respect of the property in question.;