MOBIN Vs. STATE GOV.OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Kaushal Kishore Mani, learned counsel for the respondent- Gram Panchayat.

(2.) The instant petition has been filed for the following reliefs:

(3.) Learned counsel for the petitioner submitted that the petitioner is claiming right on the basis of succession and the contesting respondents are claiming right on the basis of Will-deed dtd. 28/4/2018 alleged to be executed by the recorded tenure holder. He further submitted that recorded tenure holder was the father of the petitioner as well as respondent Nos. 2 and 3. He next submitted that the petitioner and respondent Nos. 2 and 3 are real brothers. He next submitted that on the basis of Pa Ka-11, the name of all the sons as well as widow of the tenure holder were recorded but on the basis of Will-deed alleged to be executed by the recorded tenure holder/ father of the petitioner / respondent Nos. 2 and 3, the name of contesting respondents have been recorded. He also submitted that on the application of the petitioner, the ex-parte order of mutation has been recalled and matter has been restored to its original number for decision afresh before Tahsildar. He further submitted that the application filed by the petitioner for re-examination of the witnesses of the Will has been rejected vide order dtd. 7/7/2023. He further submitted that suit for cancellation of the alleged Will-deed in question has been filed on behalf of the petitioner being Suit No. 71 of 2023, which is pending before the Civil Court. He further submitted that the petitioner has applied to transfer the pending mutation case on the ground setup in the transfer application but the same has been illegally rejected vide order dtd. 7/11/2023, hence this writ petition on behalf of the petitioner.