HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34082 of 2022 Court No. - 4 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard Shri Pawan Kumar Rao, learned counsel for the petitioner, learned Standing Counsel for respondents No.1 to 4 and Shri Ashish Kumar Singh, learned Senior Counsel assisted by Shri Amit Kumar Chaudhary appearing for respondent No.5. 2. This writ petition has been filed challenging the orders dated 06.02.2020, 31.12.2020 and 17.06.2022, respectively passed by mutation, appellate and revisional courts. 3. In a suit for division of holdings filed under Section 176 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, shares of the parties were determined and a preliminary decree was drawn on 10.03.2000. The dispute in the present case inter se parties is essentially in relation to the share of one Dharampal Singh, which was admittedly determined as 1/4 in the total area of 22 gatas measuring 9.854 hectares. Therefore, Dharampal Singh acquired share to the extent of 1/4 of 9.854 hectares, qua which there is no dispute between the parties. 4. It appears from the submissions made by learned counsel for the parties Versus Counsel for Petitioner(s) : Pawan Kumar Rao Counsel for Respondent(s) : Amit Kumar, Ashish Singh, Birendra Kumar, CSC, Yogesh Kumar Singh Kiran Pal Singh .....Petitioner(s) State of U P and 5 others .....Respondent(s) that the preliminary decree and subsequent proceedings based thereupon reached to the Board of Revenue and then upto this Court and after remand again to the Board of Revenue, Circuit Bench, Meerut and pursuant to some order passed by the Circuit Bench, another petition is pending before this Court. 5. In light of submission made by learned counsel for the petitioner that this petition should be connected with the said writ petition, this Court first proceeded to hear the matter at length as to whether there is at all any necessity for such connectivity. 6. Learned counsel for the petitioner has made submissions that an illegal order dated 06.02.2020 was passed directing mutation in favour of respondent No.5 namely Smt. Beena based upon a Will executed by Dharampal Singh and the petitioner was not heard in those proceedings. In an appeal filed against the said order by Sukhpal Singh, i.e. respondent No.6, the petitioner filed an impleadment application which was rejected and simultaneously, the appeal was also dismissed on 31.12.2020. Whereas the respondent No.6 did not prefer any revision against the said order, the petitioner filed a revision which was dismissed on 17.06.2022 by the Additional Commissioner, Meerut. 7. Further submission is that the Will is forged, fabricated and manufactured document and much emphasis has been laid on the recital contained in the said Will wherein the Testator-Dharampal Singh had indicated bequeath in respect of 1/2 share in the property. Vehement submissions have been made that once Dharampal Singh's share in the partition decree was determined only to the extent of 1/4, he could not have executed Will in respect of 1/2 share and, therefore, such a recital shall be and is being utilized by the beneficiary of the Will throughout the proceedings as if she acquired 1/2 share, which would prejudice the rights of the petitioner whose share was determined as 1/12. 8. Learned Senior Counsel appearing for respondent No.5 has made submissions that petitioner has no locus in these proceedings and the mutation orders impugned in this petition would not affect rights of the petitioner, inasmuch as, mutation order has been passed based upon the WRIC No. 34082 of 2022 2 Will. Submission is that whatever share of Dharampal was declared in the partition proceedings, the same stands devolved by testamentary succession upon the respondent No.5 and not over and above the same and, therefore, the share of the petitioner, being unaffected by the impugned proceedings, there is no merit in the writ petition. 9. It is further submitted that the first Court which ordered mutation has indicated expunging the name of Dharampal Singh from his appropriate share and the words used are "यथोिचत भाग" and even quantifying the share of Dharampal Singh would infer that it is not over and above 1/4 of 9.854 hectares. 10. Having heard learned counsel for the parties, I find that the petitioner also has a share in the property based upon decree drawn in partition proceedings. As to what would be the effect of that decree subsequently in terms of orders which have been passed in those proceedings and also the writ petition, which is said to be pending now, in the opinion of the Court, would not affect the result of these proceedings, particularly, in view of the limited challenge made to the orders impugned. 11. It has come on record that Will has been challenged by the petitioner in a civil suit. Be that as it may, all questions in relation to Will inter se parties to the civil suit can always be examined by the civil court and this Court has no jurisdiction to comment upon the said proceedings. 12. As far as the grievance of the petitioner that respondent No.5 would take benefit of recital contained in the Will wherein 1/2 share has been shown to have been bequeathed in her favour over and above 1/4 share of Dharampal Singh is concerned, learned Senior Counsel for respondent No.5 has made submission that in view of the order dated 06.02.2020 read with preliminary decree dated 10.03.2000, the share succeeded by respondent No.5 may be clarified as 1/4 only. 13. In view of the above discussion, this petition is disposed of with the observation that mutation entries made based upon Will executed by Dharampal Singh would mean and would be given effect only to the extent of 1/4 share of Dharampal Singh and not beyond that. WRIC No. 34082 of 2022 3 14. All consequential entries wherever the same have been made so far shall follow this order and parties are at liberty to move appropriate applications before the competent authorities. 15. The orders impugned in the writ petition stand modified and explained as such. September 24, 2026 Jyotsana WRIC No. 34082 of 2022 4 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad