Umesh Chandra Mishra v. Tiwari

Heard learned counsel for the petitioner, Shri Surendra Kumar Tiwari, learned counsel for the respondent nos. 3 to 6 and learned Standing Counsel for the State.

The instant petition has been filed against the order dated 21.8.2025, passed by the District Magistrate, Basti in Case No.1172 of 2025, Computer Case No. D20251740001172, under Section 160 of U.P. Municipalities Act, 1916, whereby the petitioner's appeal was rejected.

Learned counsel for the petitioner submits that the petitioner is the owner of the land in dispute and has been regularly paying taxes thereon since

1968. It is further submitted that the petitioner, being the elder brother, had permitted the family of Late Ram Lakhan to reside in a portion of the house, however, the title of the property has always remained with the petitioner.

It is next submitted that Late Ram Lakhan instituted Original Suit No. 67 of 1991 before the Court of Civil Judge (Senior Division), Basti, claiming himself to be a joint holder of the disputed property and seeking partition as well as permanent prohibitory injunction. The said suit was dismissed vide judgment dated 23.04.2004, and the appeal preferred against the said judgment was also dismissed.

Thereafter, the legal heirs of Late Ram Lakhan filed a second appeal before this Court, wherein this Court, vide order dated 09.01.2017, directed the parties not to create any third-party interest in the property in dispute.

It is further submitted that, having failed to obtain any relief from the 2 WRIC No. 44422 of 2025 Civil Court, respondent no. 3 moved an application before the Executive Officer, Nagar Palika Parishad, Basti, seeking mutation of her name in respect of House No. 1820. Aggrieved by the same, the petitioner preferred an appeal under Section 160 of the U.P. Municipalities Act, 1916 before respondent no. 1, which was allowed vide order dated 16.11.2023. By the said order, the appellate authority set aside the order dated 05.01.2023 passed by respondent no. 2 and directed that the matter be decided afresh after affording due opportunity of hearing to both parties.

However, it is submitted that the Chairman, Nagar Palika Parishad, Basti, in an arbitrary and illegal manner, and in disregard of the directions issued by the appellate authority, passed the order dated 27.03.2025 directing entry of the name of the contesting respondents in the assessment register, thereby conferring undue advantage upon them.

Matter requires consideration.

Shri Surendra Kumar Tiwari, learned counsel for the respondent nos. 3 to 6 is directed to file counter affidavit within four weeks in response to the contention raised by the petitioner's counsel. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

Till the next date of listing, the parties are directed to maintain status quo.

List on 13.07.2026 in the daily cause list. April 15, 2026 A. Tripathi (Vinod Diwakar,J.)