GOPAL TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) IN order to mitigate the hardship of both the parties which they are facing and are likely to face in future in pursuing unnecessary litigation in mutation proceedings and in order to expedite the decision of the matter, this writ petition is disposed of with direction to Tahsildar (Judicial) Ballia to decide the mutation matter regarding mutation of the name over the agricultural land left behind by late Mahabir Tiwari resident of village Jeerabasti, district Ballia expeditiously. Respondent No. 3 Smt. Prabhawati Tiwari is widow of late Mahabir Tiwari and petitioner Gopal Tiwari is nephew of late Mahabir Tiwari. Petitioner claims the right over the land left behind by the deceased on the basis of a Will alleged to have been executed by the deceased. The case was registered before Tahsildar as case No. 667. Any revision or appeal pending anywhere against any order passed in the said case by Tahsildar shall stand consigned to record with effect from today. Both the parties are directed to appear before Tahsildar concerned on 1.12.2004 along with certified copy of this order. On the said date, the Tahsildar must fix a date for hearing of the matter. Both the parties shall file* their evidence before the Tahsildar and Tahsildar shall decide the matter within three months from today. Till the final decision of the mutation application by the Tahsildar in the revenue records the name of late Mahabir Tiwari shall be recorded/ continued to be recorded and both the parties, i.e., Gopal Tiwari, petitioner and Smt. Prabhawati Tiwari, respondent No. 3 shall pay half of the land revenue each. Both the parties are restrained from alienating the property in dispute or creating any charge thereupon or changing the nature thereof, until decision of mutation proceeding.

(2.) WRIT petition is disposed of accordingly.