GITA SINGH Vs. DISTRICT MAGISTRATE, PRATAPGARH

JUDGEMENT

(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.