ARUN KUMAR URF ARUN KUMAR AGNIHOTRI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 5 OTHERS
/11303/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186309 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186309 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11303 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent and Shri Anuj Kumar Srivastava who has filed his Power on behalf of the Respondent no.5-The Executive Officer, Nagar Palika Parishad, Hardoi.
2. This petition has been filed by the petitioner for the following main prayers:-
"(i) to issue a writ, order or direction in the nature of Certiorari for quashing the impugned Succession Certificate No.55/ R.A. dated 03.10.2025 issued by the Respondent no.2 i.e. the District Magistrate, Hardoi, as contained in Annexure No.1 to the writ petition. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to not to give effect the Succession Certificate No.55/R.A. dated 03.10.2025 issued by the Respondent no.2 i.e. the District Magistrate, Hardoi, as contained in Annexure No.1 to the writ petition."
3. It has been submitted by the learned counsel for the petitioner that a Succession Certificate has been wrongly issued in favour of the Opposite party no.6 who has been shown to be the second wife of Versus Counsel for Petitioner(s) : Uttam Kumar Awasthi Counsel for Respondent(s) : C.S.C. Arun Kumar Urf Arun Kumar Agnihotri .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 5 Others .....Respondent(s)
Late Ashwani Kumar Agnihotri son of Late Rajendra Kumar.
4. From a perusal of the Succession Certificate, it is evident that it has been issued only for the purpose of mentioning the legal representative and the benefit that can be claimed under such Succession Certificate is only of Rs.5000/-.
5. The petitioner has appropriate remedy of filing a Suit under the impugned Succession Act challenging the claim made by the Opposite party no.6 and her children over the property of Ashwani Kumar, if he so aggrieved.
6. The writ petition stands disposed of. November 20, 2025 N.PAL WRIC No. 11303 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench