NARAYAN Vs. HEERA LAL

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) As per the pleaded facts, one Shri Madhulal (father of the petitioners-plaintiffs) had ownership, khatedari and possession of six khasras bearing nos.947, 948, 1024, 1025/1, 1028/1 and 1030 measuring 2.72 hectares in total, and after the death of their father, the petitioners-plaintiffs approached the concerned revenue authority for entering their names in the revenue records, on the basis of intestate succession; however, the officer concerned refused to entertain the application pertaining to such request.

(3.) Learned counsel for the petitioners-plaintiffs submitted that as per community customs, Natha marriage took place between Smt. Dhapu and Shri Madhulal and the petitioners-plaintiffs were born out of the said wedlock; however later on, relationship was established between their father and Smt. Magni and respondent no. 2 was born; thus both the petitioners-plaintiffs and respondent no. 2 are legal heirs of the Late Shri Madhulal, and thus, the name of petitioners-plaintiffs ought to be recorded in the revenue records for the aforementioned Khasra nos. on the basis of intestate succession.