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Allahabad High Court · body

2020 DIGILAW 156 (ALL)

Narendra Kumar Jaiswal v. Nagar Nigam Prayagraj

2020-01-14

AJIT KUMAR, RAMESH SINHA

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JUDGMENT : 1. Heard Sri Dinesh Kumar Singh, learned counsel for the petitioner, Sri S.D.Kautilya, learned counsel appearing for the respondent Nagar Nigam and perused the record. 2. By means of this writ petition, under Article 226 of the Constitution of India, the petitioner challenged the order dated 23.10.2017 passed by the Assistant Municipal Commissioner/Zonal Officer, Nagar Nigam, Khand-2, Mutthiganj, Prayagraj, which according to him has been passed on the basis of certain documents annexed by those persons in whose favour mutation application has come to be allowed but there are forged documents with forged signature of the petitioner. 3. It is submitted by the learned counsel for the petitioner that the petitioner has never consented for mutation order to be passed in favour of the contesting respondents no.5 & 6. He submits that he has also instituted criminal proceedings by lodging a first information report, however, he is not in a position to state as to what has happened ultimately in the pending criminal investigation pursuant to the first information report. 4. In any view of the matter, if the petitioner claims that the order has been passed by the municipal authority in an ex-parte manner, it is open for the petitioner to file a recall application before the authority. 5. With the aforesaid liberty, the present writ petition is consigned to records.