Court No. - 32
Case :- WRIT - C No. - 32834 of 2015
Petitioner :- Smt. Laxmi Devi
Respondent :- State Of U.P. & 3 Others
Counsel for Petitioner :- Arun Kumar Singh
Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Rakesh Tiwari,J.
Hon'ble Shamsher Bahadur Singh,J.
This writ petition has been preferred by the petitioner for
commanding/directing the respondents to regularize the Plot No. 49-B Panki
Shahpur, Kanpur Nagar within stipulated period. The aforesaid plot no. 49-B
was earlier belonged to Smt. Sunita Devi, the mother of the petitioner, who
died on 27.2.2007. The petitioner claims regularization of plot no.49-B on the
ground of an unregistered will deed executed by the mother of the petitioner
in his favour.
Heard Sri Arun Kumar Singh, learned counsel for the petitioner, learned
standing counsel for respondent no.1 and Sri Shivam Yadav, learned counsel
for respondent nos. 2, 3 and 4.
Sri Shivam Yadav, learned counsel states that pursuant to the order dated
6.7.2015 he has received instructions that the will deed is an unregistered will
deed by which the petitioner is claiming regularisation of plot no.49-B. On
query being made by this Court whether any right flow from unregistered will
deed or not, he has fairly answered that the rights do flow in favour of the
petitioner from the said will deed.
In the facts and circumstances, the Vice-Chairman, Kanpur Development
Authority, District Kanpur Nagar, respondent no.2 is directed to notice all the
heirs of the deceased Smt. Sunita Devi, mother of the petitioner and thereafter
providing reasonable opportunity of hearing to all of them shall decide the
matter within a period of three months from the date of presentation of
certified copy of this order before him. Certified copy of this order shall be
placed before respondent no.2 within ten days.
With the above observation, the writ petition is disposed of.
Order Date :- 17.7.2015
S.S.
Neutral Citation No. - 2015:AHC:96110-DB