SADHU SARAN CHAUBEY Vs. COMMISSIONER DEVI PATAN MANDAL

JUDGEMENT

(1.) Heard Sri G.C. Verma, learned Senior Advocate assisted by Sri Abhishek Kumar Pandey and Sri Amitesh Mishra, learned counsel for the petitioner, Sri Shatrughan Chaudhary, learned Additional Chief Standing Counsel for the State-respondent and Sri R.P. Dwivedi, learned counsel for respondent No.5.

(2.) By means of the present writ petition, the petitioner is challenging the order dtd. 2/5/2002, passed by the respondent No.1, contained as Annexure-1 to the writ petition.

(3.) Factual matrix of the case is that in the year 1985, a Will deed was executed in favour of respondent No.5 by the deceased Ram Abhilakh. The same was cancelled by the deceased in the same year. The second Will deed was executed in favour of respondent No.4-Bhagwan Das by the deceased Ram Abhilakh. Third and last Will deed was executed by deceased Ram Abhilak in favour of the petitioner, who died on 19/2/2001. The respondent No.5 Bajrang Bahadur got mutated his name in revenue records by filing mutation application before Tehsildar Payagpur, District Shravasti by concealing the Will deed executed in favour of the petitioner. The Tehsildar passed ex-parte order on the mutation application.