RAMSWAROOP JAT Vs. AMAR SINGH JAT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 19.11.2019 passed by the Board of Revenue, whereby, the second appeal filed by the respondent Nos. 1 to 4 has been accepted and the order dated 19.6.2017 passed by the Divisional Commissioner, Bikaner has been set aside.

(2.) The land in question was recorded in the name of Ramji Lal, father of petitioner and respondent Nos. 1 to 4 and 6. The said Ramji Lal died on 19.4.2015. An application dated 13.5.2015 was filed by the respondent 'Amar Singh with Tehsildar, Srivijaynagar seeking mutation in favour of respondent Nos. 1 to 4 based on a Will dated 18.4.2015. The Tehsildar issued notice to other legal representative of deceased Ramji Lal. The petitioner filed his response on 2.11.2015 contesting the validity of the Will alleging the same to be concocted and fraudulent.

(3.) After hearing the parties, the Tehsildar, Srivijaynagar by its order dated 16.11.2015 came to the conclusion that he cannot decide the validity of the Will, there is no injunction against him and that qua the validity of the Will the petitioner herein is free to seek relief before the competent Court and consequently accepted the application of the respondent No. 1 for change in mutation entries.