LAWS(ALL)-2023-5-224

AMIT DIXIT Vs. STATE OF U. P.

Decided On May 19, 2023
Amit Dixit Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Shri Arvind Srivastava, learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Shri Sudhir Bharti, learned counsel for respondent nos.6 and 7 and Shri Rishi Kant Rai, learned counsel for the respondent nos.4 and 5.

(2.) One Mewa Dixit alias Mewa Prasad was "bhumidhar" of certain agricultural land and he died on 10/5/2003. It is stated that mutation proceedings were instituted and contested on the basis of two Wills allegedly executed by Mewa Prasad. The case of the petitioner is that Mewa Prasad executed Will in favour of mother of the petitioner on 12/8/1999 whereas the case of the private respondents is that the said Will is not genuine, rather, manufactured. The only Will executed by Mewa Dixit was dtd. 16/11/1998 in favour of respondent nos.4 and 5 who are daughters of the testator.

(3.) The petitioner applied for mutation on the basis of alleged Will dtd. 12/8/1999 and the Tehsildar by order dtd. 28/8/2008 directed making of entry in his name. Needless to say that petitioner is son of Pushpa Devi in whose favour the Will of 1999 is alleged to have been executed. The daughters of Mewa Dixit challenged the order of Tehsildar in appeal. The appeal was allowed by order dtd. 9/1/2009 and the order of Tehsildar was set aside and direction was issued that in place of Mewa Dixit, names of his daughters i.e. respondent nos.4 and 5 be recorded on the basis of registered Will dtd. 16/11/1998. The petitioner filed revision against the said order which was dismissed by order dtd. 2/4/2009.