MOLHAR SINGH Vs. DDC AND OTHERS

JUDGEMENT

(1.) This writ petition was presented on 19.11.09. It has come up for hearing on admission on 24.11.09. Thereafter on the request of the learned counsel for the petitioner, the case was taken on 4.12.09, 7.12.09, 9.12.09m and today. The petitioner has assailed an order passed by DDC, Saharanpur. It emerges from the record that one tenure holder Buddhu son of Chatur Singh had died on 22.7.05 leaving behind his wife Smt. Prakashi and five daughters Kaushal, Kusum, Sauran, Shanti and Seema. After about 2 years Smt. Prakashi had died on 11.6.2007. On the death of tenure holder Buddhu as per provisions contained in Sec. 171 and 172 of the U.P.Z.A.L.R. Act, the consolidation authorities ought to have recorded the name of the widow and after her death the daughters. The amendment has been made in relation to succession vide Act No. 27 of 2004 amending Sec. 169 which gives right to unmarried daughters and thereafter married daughters to claim succession right after the death of a tenure holder. The petitioner Molhar Singh manipulated to get his name recorded after the death of Buddhu at the cost of legal right of Sri Prakashi, widow of Buddhu who had died on 11.6.2007 . After the death of mother, the daughters were entitled for their respective share in the land in dispute. The DDC has undone the wrong and quashed the order dated 15.12.2007 after applying the provisions contained in the said Act No.27 of 2004 and sections 169, 171 & 172 of the U.P.Z.A.L.R. Act had ordered the recording of the name of five daughters of Smt. Prakashi as legal heirs of tenure holder deceased Buddhu. There is no illegality or infirmity in the order passed by the DDC. It is painful to note that at the time of entertaining the writ petition, this Court has made certain observations in the light of the amended Act. The petitioner's counsel was required to answer the quarry.

(2.) Here is a case where a widow and five daughters Kaushal, Kusum, Sauran, Shanti and Seema whose legal rights have been encroached upon by the petitioner's group who have no connection with the land. Where widow Prakashi and her five daughters were alive when the tenure holder died, no other person can claim right over the property of Buddhu. This Court cannot violate law which provides legal rights to unmarried and married daughters after the death of tenure holder. Accordingly, the writ petitions are dismissed. Petitions Dismissed.