V.G. Oak, J. - (1.) THIS is a petition for the issue of writs of certiorari and mandamus. Zahid Husain is the Petitioner. The Addl. Commr., Alld. and the MB Alld. are the two Respondents. The Petitioner has filed an affidavit. One Beni Prasad Khanna, Tax Inspector of the MB Alld. has filed a counter -affidavit.
(2.) ACCORDING to the Petitioner's affidavit, house No. 284, Rani Mandi, Alld. was formerly recorded in the Municipal registers as Imambara through Yusuf Husain. Later the entry was made in the name of Yusuf Husain in person. Yusuf Husain died in 1951. Thereafter there Were disputes about the correction of the assessment list. Smt. Fatima Begum and Smt. Chhoti Begum applied for mutation of their names against the property. Zahid Husain Petitioner filed an objection on the ground that, he was also an heir and Mutwalli of the Imambara. The Tax Superintendent of the MB gave a report recommending that, Zahid Husain's name be recorded along with those of Smt. Fatima Begum and Firozi Begum against house No. 284. But this report of the Tax Superintendent was not accepted by the Executive Officer. On 6 4 1954 the Executive Officer passed an order to the effect that, names of Smt. Fatima Begum and Smt. Firozi Begum alias Chhoti Begum only be recorded against houses Nos. 284 and 321. The Petitioner took the matter in appeal before the Administrator of the MB But the Administrator dismissed the Petitioner's appeal on 26 -6 -1954. An application for review was dismissed by the Administrator on 1 -4 -1955. The Petitioner carried the matter further in appeal before the Commr. of Alld. But the learned Addl. Commr. of Alld. dismissed the Petitioner's appeal on 3 -3 -1956 on the ground that, no appeal lay from the mutation order.
(3.) THE Petitioner has, therefore, filed the present petition u/Art. 226 of the Constitution for quashing the Addl. Commr's. order dated 3 -3 -1956 and for the issue of a writ of mandamus directing him to dispose of the appeal on merits.;