RAJENDRA SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) By means of this petition, under Art. 227 of the Constitution of India, petitioners have challenged the orders dated 29.11.2012, 17.12.2013 and 26.08.2015 passed by learned Tehsildar Kotdwar, learned Assistant Collector, 1st Class Kotdwar, Garhwal and learned Commissioner, Garhwal Division, Pauri.

(2.) Brief facts of the case are as follows: Mahendra Singh (respondent) moved an application for mutation under Sec. 34 of the U.P. Land Revenue Act before Tehsildar Kotdwar on 03.07.2006, seeking mutation of his name, on the basis of a WILL alleged to have been executed by Smt. Kunwari Devi, who passed away on 21.02006. Learned Tehsildar, Kotdwar allowed the said application, after hearing the parties vide order dated 29.11.201 Petitioner challenged the said order by filing an appeal before learned Assistant Collector, 1st Class, Kotdwar, which was registered as Revenue Appeal No. 14 of 2012-13. The said appeal was dismissed by learned Assistant Collector vide judgment and order dated 17.12013. Thereafter, petitioner filed a revision before the learned Commissioner Garhwal Division, Pauri, which was registered as Revision No. 09 of 201314. Learned Commissioner dismissed the said revision vide judgment and order dated 26.08.2015. Thus, feeling aggrieved by these orders, petitioners have approached this Court, under Art. 227 of the Constitution of India.

(3.) Learned counsel for the petitioners submits that respondent had relied upon a Will alleged to have been executed in his favour by Smt. Kunwari Devi on 04.11.1991 however, mutation has been ordered on the basis of a different will dated 02.04.1991. Thus, according to him, the orders passed by the revenue authorities are unsustainable.