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2025 DAILYLAW 123616 (ALL)

SHIV KANT DUBEY v. STATE OF U.P. THRU. ADDL. PRIN. SECY. REVENUE DEPTT., LKO. AND ANOTHER

A227/870/2025 · 2025-02-20

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10970 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 870 of 2025 Petitioner :- Shiv Kant Dubey Respondent :- State Of U.P. Thru. Addl. Prin. Secy. Revenue Deptt., Lko. And Another Counsel for Petitioner :- Amit Kumar Singh,Sneha Singh Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 and 2 has been accepted by the office of the Chief Standing Counsel. The sole grievance of the petitioner is that the petitioner appeared in the Court of respondent No.2 to file an application under Section 35 of the U.P. Revenue Code, 2006 on 21.01.2025, but the office of the respondent No.2 has refused to accept the said application on the ground that it is based on an unregistered Will. It is in this context that the instructions were called for and the learned standing counsel has provided a copy of the written instructions, which is taken on record, states that till date, the petitioner has not approached the respondent No.2 with the application concerned, however, in case, if the petitioner approaches the Court concerned, needful would be done. In view of the stand of the learned standing counsel, no purpose will be served in keeping the petition pending rather it will be open for the petitioner to appear before the Court concerned and file his application. In case, if the needful will be done as per the instructions, the respondent No.2 will do the needful. In light of the aforesaid, the petition is disposed of. Order Date :- 20.2.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench