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Judgment
Vinod K. Sharma, J.—The Petitioner seeks a writ, in the nature of certiorari, to quash the order, dated 30.11.2005, passed by the Respondent in entering the name of Smt. Renugadevi, the original owner of the property, in the tax register.
The case set up by the Petitioner is that on the demise of Smt. Renugadevi, the name of the Petitioner was entered in the tax register, which was subsequently changed in the name of his father and sister, without notice to the Petitioner.
The Petitioner challenged the order, by way of W.P. No. 2959 of 2005, which was disposed of by this Court on 07.04.2005, by directing 1st Respondent herein to issue notice to the parties concerned and thereafter, pass fresh orders.
In pursuance to the orders passed by this Court, the 1st Respondent, issued notice to the Petitioner as well his father and sister.
Thereafter, keeping in view of the fact that the a civil suit is pending between the parties, the 1st Respondent, restored the status quo ante, and entered the name of the mother of the Petitioner, even though, she is dead.
Though, the writ petition is normally not competent for non-joinder of necessary parties, but in view of the facts of this case, that the name of the dead person has been entered in tax register, the writ petition allowed, the impugned order is set aside, and the case remitted back to the Respondent to reconsider the matter in accordance with law.
It is made clear that the Respondent shall be at open to enter the name of all the legal-heir of late Smt. Renugadevi with clear understanding that final entry would be, as per the decision of the civil court, as the question of title is to be decided by the civil court, and not by the Respondent by entry in the tax register. No costs.