LAWS(ALL)-2023-1-201

AMAN KUMARAMAN AGRAWAL Vs. STATE OF U.P.

Decided On January 23, 2023
Aman Kumaraman Agrawal Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri. Praveen Kumar, learned counsel for the petitioners, Shri.Abhishek Krishna for respondent no.3 and Shri.A.P.Singh on behalf of respondent no.4.

(2.) Petitioners' application for mutation of their names in place of their father in regard to property in question submitted under Sec. 147 of Uttar Pradesh Municipalities Act, 1916 (hereinafter called the 'Act, 1916') was allowed vide order dtd. 9/10/2019 on basis of a registered will dtd. 18/10/2008 in their favour executed by their father as well as despite publication of notice, no objection was filed on behalf of contesting private respondents.

(3.) Contesting respondents instead of filing an appeal as provided under Sec. 160 of the, Act, 1916 filed a recall application for recalling above referred order dtd. 9/10/2019 on ground that it was a case of misrepresentation as petitioners despite knowledge have not disclosed that subsequently a will dtd. 3/6/2014 was executed in favour of private respondents and therefore said application was allowed by impugned order dtd. 9/10/2019 and appeal thereof was dismissed by the other impugned order dtd. 5/9/2022.