Mam Chandra Agarwal, J. - (1.) BY this petition under Article 226 of the Constitution of India, the petitioner challenges an order dated 15th June, 1981, passed by the executive Officer, Municipal Board, Rishikesh, under Section 147 of the U.P. Municipalities Act whereby the name of the petitioner was ordered to be struck off from the assessment list as owner of property No. 59, Maniram Marg, Rishikesh, district Dehradun, and the name of respondent No. 4 M/s. Gajanand Omkar Mal was ordered to be recorded as owner. The petitioner also challenges an order dated 24th May, 1983 passed by the Chief Judicial Magistrate, Dehradun, who dismissed the petitioner's appeal against the first mentioned order. A counter affidavit on behalf of respondent No. 5 namely, Baba Kali Kamli Wala Panchayati Kshettra, Rishikesh, was filed. No other respondent filed a counter affidavit.
(2.) I have heard Sri Rajesh Tandon, learned counsel for the petitioner, and Miss Bharti Sapru, learned counsel for the respondent No. 5. On Swami Atmanand was the admitted owner of the aforesaid property. He died on 8th August, 1967. After his death, the petitioner Hukmanand Sharma applied for mutation on the basis of a will alleged to have been executed in his favour by the said Atmanand. The respondent No. 4 also applied for mutation on the basis of a lease deed said to have been executed by the said Swami Atmannd in its favour.
(3.) THE Executive Officer, Municipal Board, by an order dated 14th July, 1970, ordered the name of Atmanand Sharma, the present petitioner, to be, recorded in the assessment list as owner of the said property.;