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2025 DAILYLAW 18956 (ALL)

SMT. MAHENDRI v. STATE OF U.P. AND 8 OTHERS

WRIC/4442/2025 · 2025-02-23

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26502 Court No. - 34 Case :- WRIT - C No. - 4442 of 2025 Petitioner :- Smt. Mahendri Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Rakesh Singh Counsel for Respondent :- G.A. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following relief:- "i. issue a writ, order or direction in the nature of certiorari for quashing the impugned judgment and order dated 05.12.2024 passed by respondent no. 2 in Revision No. 1393 of 2022, Order dated 26.09.2022 passed by respondent no. 3 in Appeal No. 2779 of 2022 and order dated 23.05.2022 passed by respondent no. 4 in Case No. 1738 of 2020 (Smt. Mahendri & others Vs. Chhajju) under section 34/35 of Land Revenue Act, 2006. " 3. Brief facts of the case are that an application for mutation was filed by the petitioner on 30.06.2020 regarding property of deceased- Chhajju Singh, son of Mussadi. The case of the petitioner is that Chhajju Singh, executed a Will dated 09.06.2004 in favour of Prem Chand, Suresh Chand, Ramesh Chand, Bijendra Singh, Sukhbir Singh sons of Daya Ram and Sanjay Kumar son of Suresh Chand. The objections were filed by the contesting respondents that after the Will dated 09.06.2004, Sanjay Kumar son of Suresh Chand, who was given 0.4100 hectares by the said Will died during the lifetime of Chhajju Singh on 08.06.2019 and therefore, the Will executed in favour of Sanjay Kumar become ineffective. It has been further stated by the contesting respondents that the area 0.4100 hectares which was given in the Will to Sanjay Kumar was not settled further by Chhajju Singh and therefore, the other beneficiaries of the Will, who are heirs of the deceased Chhajju Singh became owner of area 0.4100 hectares and the application filed by the mother of Sanjay Kumar is not maintainable. After considering the evidence of the parties, the application filed by the petitioner was rejected and the land was recorded in favour of the contesting respondents by order dated 23.05.2022 passed by Tehsildar, Tehsil- Budhana. Against the order dated 23.05.2022, appeal was filed by the petitioner and the same was dismissed by order dated 26.09.2022 by Sub Divisional Magistrate, Budhana. The revision filed against the said order was also dismissed by the Commissioner, Saharanpur Mandal, Saharanpur by its order 05.12.2024. Hence the present writ petition. 4. Since the mutation proceedings are only summary in nature and are only for the fiscal purposes and do not decide the right of the parties, I am not inclined to interfere in the matter. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to get her rights determined in regular declaratory proceedings as provided under the U.P. Revenue Code, 2006. 6. It is made clear that this Court has not examined the matter on merits. Order Date :- 24.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad