(1.) This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :-
(2.) It is submitted by the counsel for the petitioners that Manuva was the owner of the property in dispute. He was survived by his two brothers Jhalla and Feruva. Jhalla was survived by widow and three children namely Sallu (widow) and Hariya (son), Ramuva (son), Batiya (son). The petitioners represent the family tree of Hariya; whereas the respondents represent the family tree of Batiya and Ramuva. It is submitted that after the death of Manuva, the respondents moved an application for mutation of their names on the basis of a so called will executed by Jhalla in their favour and accordingly Tahsildar by order dtd. 31/7/2014 passed in Revenue case 87/A-6/13-14 allowed the said application and directed for mutation of names of Roshan and Janki, both sons of Batiya Patel in respect of 6.058 hectares of land of Khasra number, as mentioned in the said order.
(3.) Being aggrieved by the said order, Hariya preferred an appeal, which was dismissed by the Sub Divisional Officer, Rajnagar, District Chhattarpur by order dtd. 20/1/2023 passed in Revenue Case No. 21/Appeal/22-23 and the mutation of names of respondents on the basis of Will was affirmed.
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