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Smt. Laxmi Devi v. State Of U.P. & 3 Others
Factual and Procedural Background
The petitioner, Smt. Laxmi Devi, filed a writ petition seeking a direction to the respondents to regularize Plot No. 49-B, Panki Shahpur, Kanpur Nagar. The plot originally belonged to her mother, Smt. Sunita Devi, who passed away on 27.2.2007. The petitioner claimed regularization based on an unregistered will deed executed by her mother in her favor. The matter proceeded before the court where the petitioner and respondents were represented by their respective counsels.
Legal Issues Presented
- Whether rights flow in favor of the petitioner from an unregistered will deed executed by the deceased mother?
- Whether the respondents are obligated to regularize the plot in favor of the petitioner based on such unregistered will deed?
Arguments of the Parties
Petitioner's Arguments
- The petitioner sought regularization of the plot based on an unregistered will deed executed by her mother in her favor.
Respondents' Arguments
- Respondent counsel acknowledged that the will deed is unregistered but conceded that rights do flow in favor of the petitioner from the said will deed.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court noted the unregistered nature of the will deed but accepted the respondent counsel’s admission that rights flow to the petitioner from the will. Considering the facts and submissions, the court directed the Vice-Chairman of Kanpur Development Authority to notify all heirs of the deceased and provide them reasonable opportunity of hearing. The court mandated that the matter be decided within three months of presentation of the certified copy of the order. This approach ensures procedural fairness and adherence to due process before regularization of the plot.
Holding and Implications
The writ petition is disposed of with directions to the Vice-Chairman, Kanpur Development Authority, to proceed as outlined.
The direct effect of the decision is that the plot regularization will be considered after notice and hearing of all heirs within a stipulated timeframe. No broader legal precedent or principle was established by this order.
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
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