Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:21449 Court No. - 34 Case :- WRIT - C No. - 37301 of 2024 Petitioner :- Bhagwati Pandey Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Doodh Nath Yadav,Narendra Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Issue a writ, order nature of mandamus commanding the respondent or No. 4- Tehsildar, Tehsil Azamgarh to direction Sadar, in the District accept Tarjuma Kharij Dakhil (Annexure No. 4 to the writ petition) filed by the petitioner and register the case, under Section 34 of Uttar Pradesh Revenue Code, 2006 and decide the same expeditiously within stipulated period in accordance with law."
3. Contention of learned counsel for the petitioner is that mutation application filed by the petitioner is not being accepted by the respondents authorities which is wholly illegal.
4. Learned Standing Counsel has submitted that Will in favour of the petitioner was unregistered and therefore the same is not accepted. The Division Bench of this Court in case of Pramila Tiwari vs. Anil Kumar Mishra and others; 2024 AIR ALLD 227 has held the amendment requiring Will put registered to be void.
5. In view of this situation, it has been submitted by learned Standing Counsel that no useful purpose would be served in keeping this writ petition pending.
6. Accordingly, the writ petition stands disposed of with liberty to the petitioner to move an appropriate application for mutation within two weeks from today and in case such an application is moved, the same shall be considered and decided by respondent No.4 in accordance with law, expeditiously, preferably within one year after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties as well as giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. Order Date :- 13.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad