LAWS(ALL)-2025-7-132

MOHARRAM ALI Vs. ADDL. COMMISSIONER, DEVI PATAN MANDAL

Decided On July 24, 2025
MOHARRAM ALI Appellant
V/S
Addl. Commissioner, Devi Patan Mandal Respondents

JUDGEMENT

(1.) Heard Shri Sharvan Kumar Pandey, learned counsel for the petitioner, Shri Badrish Kumar Tripathi, learned Additional Chief Standing Counsel on behalf of the respondents No. 1 to 3.

(2.) In light of the proposed order, notice to private respondents is dispensed with.

(3.) The present dispute arises out of mutation proceedings for succeeding the property of Lakshyi son of Mangre, who is the grandfather of the petitioner (Nana) and after death of Lakshyi, the property was recorded in the name of mother of petitioner. The private respondents have filed a mutation application on the basis of registered Will executed on 9/8/1989 and prayed for setting aside of the order dtd. 10/10/2006 where the name of the mother of the petitioner was mutated. The Tehsildar by means of the order dtd. 1/8/2007 set aside the order under P.A.-11 and allowed the application of respondents. It is aforesaid circumstances that the mother of the petitioner had moved an application for recall which was allowed and the matter was decided on merits on 16/12/2020 in favour of the opposite parties. Against the order dtd. 16/12/2020 the petitioner had filed an appeal under Sec. 207 of the U.P. Revenue Code before the appellate court and the appeal was also rejected by means of order dtd. 2/1/2023. The petitioner being aggrieved by the appellate order had filed a revision before the Additional Commissioner (Administration) Devi Patan Mandal, Gonda, which has also been rejected by means of the order dtd. 4/4/2024. Accordingly, the present petition, the petitioner has challenged the orders dtd. 4/4/2024, 24/1/2023 and 16/12/2020.