2025:UHC:50 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 3476 of 2024 UHon’ble Manoj Kumar Tiwari, J. Mr. Siddhartha Singh, learned counsel for petitioner. 2. Petitioner has challenged judgment dated 12.04.2024, passed by learned Board of Revenue in Revision No. 16 of 2003-2004. By the said judgment, orders passed in mutation proceedings by different Revenue Authorities, were set aside and the matter was remanded back to learned Tehsildar, Dehradun. Petitioner has challenged said judgment on various grounds. 3. Perusal of the records reveal that petitioner’s mother moved an application seeking mutation of her name in revenue records in place of her brother Prakash Narayan, who died issueless. During the pendency of mutation application, petitioner’s mother also died. Petitioner sought his substitution in the mutation application by relying on a Will dated 24.05.1985. Petitioner was substituted in the mutation proceedings in place of his mother. Now, the dispute is between petitioner and his brother Aatm Dev and after his death with the legal representatives of his brother. 4. Petitioner’s brother/his legal representatives contend that the Will relied upon by petitioner is 2025:UHC:50 bogus, while petitioner submits that the Will is valid and duly executed by his mother. This aspect can only be decided in a regular suit and not in summary mutation proceedings. Although, learned counsel for petitioner submits that the impugned judgment, rendered by Board of Revenue suffers from various infirmities, however, this Court is not inclined to go into all those questions. Since the moot question, which needs to be decided here is validity of the Will and for that the person relying on the Will has to approach a competent Court of law for declaring his right. 5. Since the land is agricultural in nature, therefore, petitioner has remedy of filing a regular suit for declaration under Section 229B of U.P.Z.A. & L.R. Act. 6. In such view of the matter, this Court declines to entertain this writ petition. 7. Accordingly, the Writ Petition is disposed of with liberty to petitioner to approach appropriate forum. (Manoj Kumar Tiwari, J.) 03.01.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b0892 3c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4B ABA43D2B8F, cn=MAHINDER SINGH Date: 2025.01.04 11:25:58 +05'30'