Neutral Citation No. - 2025:AHC-LKO:21749 Court No. - 7 Case :- WRIT - C No. - 3609 of 2025 Petitioner :- Yogendra Swaroop And Others Respondent :- Addl. Commissioner, Administration, Devipatan Division, Gonda And Another Counsel for Petitioner :- Vivek Kumar Verma Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 1.Heard. 2. The present petition has been filed for the following main relief:- "(i) Issue a writ, order or direction in the nature of certiorari thereby quash the impugned judgment and order dated 11.02.2025, passed by the respondent no.1 i.e. Additional Commissioner (Administration), Devipatan Division, Gonda in case no.549/2022, computerized case no. C202208000000549, U/S -219 of the Uttar Pradesh Land Revenue Act, Ravindra Swaroop alias Munna Vs. Yogendra Swaroop & others, contained as Annexure No.1 to this writ petition." 3. Considered the following:- (i) The case/claim of the petitioner in mutation proceedings in issue was based upon the registered 'Will' dated 20.02.2013. (ii) A 'Will' has to be proved in terms of the relevant provisions of the Indian Succession Act 1925 (in short 'Act of 1925') including Section 63 and Section(s) 68 to 90 of the Indian Evidence Act, 1872 (in short 'Act of 1872'). (iii) The statements recorded before the revenue court, namely, Tehsildar which are on record at page nos. 46 and 47 of the writ petition. (iv) In mutation proceedings the issue of validity/genuineness of 'Will' can not be adjudicated. (v) As per Rule 34 (7) of U.P. Revenue Code Rules, 2016 framed under the U.P. Revenue Code, 2006, the mutation proceedings, being summary in nature, ought to have been decided within 45 days, if there is no dispute and if there is dispute, then the same should preferably be decided within 90 days. 4. Upon due consideration of aforesaid as also that order in issue is remand order, on being confronted, learned counsel for the petitioner states that he may be permitted to withdraw the writ petition with liberty to pursue the proceedings before the court concerned. (5) Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty. . (Saurabh Lavania,J.) Order Date :- 17.4.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench