LAWS(ALL)-2023-9-66

PRAFULL KUMAR SINGH Vs. STATE OF U. P.

Decided On September 19, 2023
PRAFULL KUMAR SINGH Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Supplementary affidavit filed today is taken on record.

(2.) Heard Mr. Pankaj Kumar Ojha, Counsel for the petitioner and Mr. Gyanendra Pratap Singh for respondent no.4 and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents.

(3.) Brief facts of the case are that one Gajraj Singh was the recorded tenure holder of the plot in dispute. Gajraj Singh has alleged to execute a registered will deed on 23/12/1992 in favour of Usha Singh. On 9/1/1993.,Gajraj Singh has alleged to execute another unregistered will deed on 9/1/1993 in favour of his nephew- Digvijay Singh and others. Tehsildar initially allowed the mutation in favour of Vijay Bahadur and others vide order dtd. 15/7/1993 but later on the order for mutation dtd. 15/7/1993 was recalled and fresh order was passed on 12/11/2018 in favour of Usha Singh on the basis of registered will deed executed on 23/12/1992. The order of Tehsildar was maintained in revision by Revisional Court while dismissing the revision filed by petitioner vide impugned order dtd. 21/11/2022 hence this writ petition for quashing the order dtd. 12/11/2018 and 21/11/2022 in the proceeding under Sec. 34 of the U.P. Land Revenue Act.