AJAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A.K. Gupta for the petitioner and Standing Counsel for State.

(2.) On the basis of registered Will dated 30.8.2013, respondents - 4 and 5 applied for mutation of their names. Tehsildar by the order dated 18.10.2014 dismissed the mutation application on the ground that civil suit for cancellation of Will is pending as such no mutation can be made on the basis of Will. Respondents - 4 and 5 challenged the aforesaid order in appeal. The Sub Divisional Officer by the impugned order dated 28.5.2015 allowed the appeal and held that only on the ground that civil suit is pending for cancellation of Will, the mutation application is not liable to be rejected. Accordingly he remanded the matter to Tehsildar for deciding the mutation case, afresh, after hearing the parties, on merit. The petitioner challenged the aforesaid order in revision, which has been dismissed by order dated 7.11.2016. Hence this writ petition has been filed.

(3.) I have considered the arguments of the counsel for the petitioner.