Neutral Citation No. - 2025:AHC:77694 Court No. - 34 Case :- WRIT - C No. - 29793 of 2024 Petitioner :- Arun Tripathi Respondent :- State Of Up And 6 Others Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Bimla Prasad, learned counsel for the petitioner and Shri Nand Lal Maurya, learned Standing Counsel for the State- respondents No. 1 and 2. 2. By means of present writ petition, the petitioner has prayed for following relief:- "To issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to register a proper case under Section-25/26 of the U.P. Revenue Code in his Misilband Register and to decide the said case on its merits on the basis of application dated 21.01.2021 filed by the petitioner which is said to be registered in the Dak Register of the respondent No.2 as per his order dated 19.10.2023 within a time bound manner which is to be fixed by this Hon'ble Court." 3. This Court vide order dated 04.04.2025 granted time to the learned Standing Counsel to seek instructions in the matter. 4. Shri Maurya, learned Standing Counsel submits that he has received instructions from the Office of Tehsildar (Sadar), Kanpur Nagar dated 01.05.2025 which is taken on record. 5. Paragraph 6 of the instructions dated 01.05.2025 is reproduced hereinbelow:- "6- यह कक ममनननय नयमयमलय कक समदर अवगत करमनम हह कक यमचन शन अरण कतपमठन कक दमरम, उतरदमतम ससखयम 02 तहसनलदमर सदर कमनपपर नगर कक नयमयमलय मम अनतगरत उ०प०रम०सस० 2006 कक धमरम 25 कक अनतगरत ककई भन वमद अभन तक यकजजत नहन ककयम गयम हह ऐसन सससत मम ममनननय नयमयमलय सक समदर अनपरकध हह कक यमचन दमरम जब भन उतरदमतम ससखयम 02 कक नयमयमलय मम उ०प०रम०सस० 2006 कक धमरम 25 कक अनतगरत ककई भन वमद यकजजत ककयम जमतम हह, तक उसक ततकमल दजर कर कनयममनपसमर कमयरवमहन अमल मम लमयन जमयकगन।" 6. It has not been denied by the learned counsel appearing on behalf of the petitioner that the present petitioner, namely, Arun Tripathi has not filed any application under Section 25/26 of the U.P. Revenue Code, 2006 before the Court of learned Tehsildar, Kanpur Nagar. He submits that the application dated 21.01.2021 as contained in Annexure No. 9 to the present writ petition was filed by Smt. Manju Srivastava and the petitioner, being power of attorney holder, was pursuing the case on her behalf. 7. In paragraph No.7 of the writ petition, the petitioner himself has stated that the aforesaid Smt. Manju Srivatava initially executed a power of attorney in favour of the petitioner but later on before her death, she executed a registered will deed dated 21.08.2020 by which the entire movable and immovable property was bequeathed to the petitioner. 8. It is not the case of the petitioner that he ever moved any application in the aforesaid proceeding filed by Smt. Manju Srivastava under Section 25/26 of the U.P. Revenue Code, 2006 in pursuance of the aforesaid will deed dated 21.08.2020 and further it is needless to say that the power of attorney said to have been executed by Smt. Manju Srivastava in favour of the petitioner came to an end with the death of its executant, namely, Smt. Manju Srivastava, the prayer made by the petitioner in the present writ petition at this stage cannot be granted. 9. Taking into consideration the statement made by the Tehsildar (Sadar), Kanpur Nagar (respondent No.2) vide the instructions dated 01.05.2025, the relevant part of which is quoted hereinbove, the instant writ petition is consigned to record. Order Date :- 13.5.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad