- (1.) HEARD Sri Krishna Kumar Dwivedi along with Sri Mayank Sinha for the petitioners and Sri Sampurnanand Shukla, for respondent -2 and Sri Pradeep Chandola and Sri Shashank Shekhar Singh for respondent -3.
(2.) THIS writ petition has been filed against the order of District Magistrate, (respondent -1) dated 30.06.2014, dismissing the appeal of the petitioners and President, Nagar Palika Parishad Pratapgarh, dated 09.06.2010 directing for mutation of the name of Himanshu Singh (respondent -3) over house No. 59 (present number 249) situated at mohalla Takkarganj, Pratapgarh, (respondent -2) arising out of mutation proceeding under U.P. Municipalities Act, 1916 (hereinafter referred to as the Act).
(3.) ADMITTEDLY house in dispute was owned by one Smt. Vidyawati Devi wife of Ram Sewak. On the death of Smt. Vidyawati Devi on 05.11.1987, Ram Sewak filed an application for mutation of his name over the house in dispute along with other houses owned by Smt. Vidyawati Devi on the basis of registered will dated 16.10.1987 executed by her in his favour. President (respondent -2) by order dated 30.04.1988 directed for mutation of the name of Ram Sewak over the house in dispute. Ram Sewak executed a sale deed dated 03.05.1988 of the house in dispute in favour of one Smt. Sita Devi. The name of Smt. Sita Devi was also mutated over the house in dispute on 31.08.1990. Smt. Sita Devi died in the year 1999. Petitioner -2 filed an appeal on 19.02.1991, against the order dated 30.04.1988. In the appeal, petitioner -2 took the case that Smt. Vidyawati Devi executed her last will dated 29.10.1987 in respect of the house in dispute and after her death, he had inherited the house in dispute. It is alleged that the appeal was allowed by order dated 31.01.1996 and the matter was remanded to Nagar Palika Parishad for deciding the case afresh. After remand, President (respondent -2) by order dated 09.04.1997 directed for mutation of the name of petitioner -2 and deleting name of Smt. Sita Devi from the house in dispute and name of petitioner -2 was mutated over it. Assessment of house tax was revised in the year 2003 but no one filed any objection claiming any right over the house in dispute and the name of petitioner -2 was remained recorded and he was regularly paying house tax.;