RAM UDIT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Ranvijay Singh, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

(2.) By means of the instant petition, the petitioner assails the order dtd. 18/11/2022 passed by the respondent no.2 revisional authority whereby the revision of the petitioner was dismissed affirming the order dtd. 10/5/2016 as well as the order dtd. 21/11/2000 by virtue of which the mutation order passed in favour of the private respondents no.5 to 11 has been affirmed.

(3.) Submission of the learned counsel for the petitioner is two fold, it is primarily urged that in proceedings for mutation once there is a Will of the testator then the provision of Sec. 171 of the U.P. Z.A. and L.R. Act which relates to succession is excluded and it would be the Will which would prevail and in the aforesaid circumstances where the petitioner had claimed on the basis of a Will dtd. 29/9/1980 which was duly proved in accordance of Sec. 63 of the Indian Succession Act read with Sec. 68 of the Indian Evidence Act, accordingly the authorities below have committed an error in not appreciating the aforesaid aspect while dismissing the claim of the petitioner.