Atul v. State Of U.P. And 2 Others

Court No. - 72 Case :- WRIT - B No. - 2288 of 2021

Petitioner :- Atul

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Harish Chandra Singh,Anand Pal Singh

Counsel for Respondent :- C.S.C.,Imtiyaj Ali

Hon'ble Neeraj Tiwari,J.

Heard Sri Anand Pal Singh, learned counsel for the petitioner, learned Standing Counsel for the respondent no.1 and Sri R.C. Singh, learned Senior Advocate holding brief of Sri Imtiyaj Ali, learned counsel for the respondent no.3 through vedio conferencing.

Sri R.C. Singh, learned Senior Advocate has taken preliminary objection that proceedings under Section 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as Act, 1901) was summary proceedings and no writ petition is maintainable against any order passed under Section 34 of Act, 1901. In support of his contention, he has placed reliance upon the judgments of this Court in the cases of Vishwa Nath and another Vs. Board of Revenue, U.P. Lucknow and others reported in 2004 ALL. L. J. 3071, Rahmana Begum Vs. Board of Revenue, U.P. and others reported in 2018 (140) RD 682

and Mahesh Kumar Juneja and another vs. Additional Commissioner (Judicial) and others reported in 2020 (1) AWC

695.

He further submitted that brother of petitioner, namely Anuj Kumar Dubey has earlier filed Writ-B No. 2095 of 2021 (Anuj Kumar Dubey vs. State of U.P. and 2 others) against the order passed under Section 34 of Act, 1901 in which petitioner had given his affidavit in support of registered will deed upon which right was claimed. The said writ petition was dismissed by this Court vide order dated 23.11.2021 on the ground that alleged registered will deed was cancelled, against which civil suit is pending. He also submitted that petitioner, namely, Atul has filed this petition claiming the right over the same land on the basis of unregistered will deed, which was executed by the same person, who had earlier executed registered will deed, which was subject matter of Writ-B No. 2095 of 2021. Lastly, he submitted that petitioner in the present petition has given two different affidavits claiming the right over the same land in question one in favour of his brother and another in his own favour based on two different will deeds executed by the same Neutral Citation No. - 2022:AHC:3442

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person, which is not permissible in law. Mr. Anand Pal Singh, learned counsel for the petitioner submitted that there is no bar to execute different will deeds, therefore, petitioner may come with another unregistered will deed, if it is executed in favour of him, but he could not explain as to how very same person, who was deponent in Writ-B No. 2095 of 2021 supporting the will deed came up with same claim based on another unregistered will deed executed in his favour. So far as legal issue about the maintainability of writ petition against the order passed under Section 34 of Act, 1901 is concerned, learned counsel for the petitioner could rebut the same.

Therefore, under such facts and circumstances, no case is made out, writ petition lacks merit and is accordingly, dismissed on merits as well as maintainability also. No order as to costs.

Order Date :- 11.1.2022 Junaid

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