HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 2088 of 2013

15th October, 2025

Gaurav Jain ……….Petitioner

Versus

Municipal Corporation and others ………..Respondents ----------------------------------------------------------------------

Presence:-

Mr. Neeraj Garg, Advocate for the petitioner.

Mr. Vikas Bahuguna, Advocate for respondent no.8, through video

conferencing.

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Hon'ble Pankaj Purohit, J.

This writ petition has been filed by the petitioner

under Article 227 of the Constitution of India, whereby he has put to challenge the judgment and order dated 31.07.2013, passed by the Appellate Authority i.e., Civil Judge (S.D.), Dehradun in Nagar Nigam Appeal No.2 of 2004, Gaurav Jain Vs. Nagar Nigam, Dehradun and others, and impugned order dated 20.12.2003, passed by Nagar Nigam, Dehradun, on mutation application of deceased Shri Mangal Sain, mutating the name of the deceased Shri Mangal Sain in records of

Nagar Nigam.

2. The facts in brief are that the disputed property was initially purchased by Shri Mangal Sain and Smt. Ram Kali vide sale deed dated 20.08.1993 from Shri Gurmukh Das. Smt. Ram Kali was the grandmother of the present petitioner and out of her love and affection towards him she executed a will dated 13.11.1993 of her part in the property in the name of the petitioner. On 04.12.1993 Smt. Ram Kali died and the aforesaid will came into force. To his surprise the petitioner later on came to know that Shri Mangal Sain who happens to be the real uncle of the petitioner manipulated a forged will dated 22.10.1993 in favour of himself. The petitioner for the first time came to know about the alleged forged will on 02.11.2002 when he received a

notice on behalf of Shri Mangal Sain for mutation from the Office of Nagar Nigam. Thereafter the petitioner filed his objections in the Office of Nagar Nigam against the mutation application, but despite of the said objections the mutation proceedings were allowed in favour of Shri Mangal Sain vide order dated 20.12.2003. Aggrieved by the said order the petitioner preferred statutory appeal under Section 472 of Municipal Corporation Act, 1959 before the Appellate Authority i.e., Civil Judge (S.D.) Dehradun which was registered as Nagar Nigam Appeal No.2 of 2004, Gaurav Jain Vs. Nagar Nigam Dehradun and others, during the pendency of the aforesaid appeal Shri Mangal Sain expired and respondent nos.2 to 7 being his legal representatives were substituted. The said appeal was dismissed vide order dated

21.07.2013.

3. The learned counsel for the petitioner submits that the impugned judgment and order are passed by both the Authorities below without application of mind and are unreasoned and non-speaking orders and were passed without considering the objections passed by the petitioner. Both the courts below failed to notice that the alleged will dated 22.10.1993 does not bear the thumb impression of Smt. Ram Kali and its attestation is apparently suspicious. Moreover no attempts were made by Shri Manish Sain to prove the genuineness of the will.

4. Learned counsel for respondent no.8 relying upon his counter affidavit submits that the petitioner has not averred any error or perversity in the impugned orders passed by both the lower courts below. He further submits that mutation proceedings are only for fiscal purpose and have no bearing upon the title of the disputed property. He also submits that the Apex Court in multiple judgments has categorically held that jurisdiction under Article 227 of the Constitution of India should not be exercised against mutation proceedings as they are merely summary in nature.

In the case in hand also by the order passed by the respondent-Nagar Nigma, Dehradun dated 20.12.2023 only mutation was ordered.

5. Having heard the learned counsel for the parties and having gone through the entire material available on record this Court is of the view that the present writ petition is not maintainable a