Dismissed

Mohammad Sageer and Others v. D.D.C. Siddharth Nagar and Others

Allahabad HC20 Mar 2018WRIB/1089/2002

Case brief

AI extract

What is this about?

This court dismissed a writ petition filed by Mohammad Sageer challenging the order of the Deputy Director of Consolidation. The court held there was no illegality or perversity in the respondent's order setting aside a Settlement Officer's decision regarding a disputed Will.

What did the court decide?

Impugned order dated 6.12.2001 upheld. Writ petition dismissed. Interim order vacated.

Mohammad Sageer and Others Vs D.D.C. Siddharth Nagar… — Property and Title | Allahabad HC (2018)

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Court No. - 8

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Case :- WRIT - B No. - 1089 of 2002

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Petitioner :- Mohammad Sageer And Others Respondent :- D.D.C., Siddharth Nagar And Others Counsel for Petitioner :- Shailesh Kumar Tripathi Counsel for Respondent :- C.S.C.,Afshan Shafaut,Ghanshyam Dubey

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Hon'ble Salil Kumar Rai,J.

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The case has been called out in the revised list. Ms. Afshan Shafaut, learned counsel representing respondent No. 4 and learned Standing Counsel representing respondent No. 1 are present. Even though vide orders dated 6.2.2018 and 20.2.2018 opportunity was granted to the petitioners to file appropriate substitution application bringing on record the heirs of deceased respondent No. 3, no such substitution application has been filed by the petitioners.

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I have perused the averments made in the writ petition and counter affidavit and the records annexed with the same.

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Against the order dated 22.3.1986 passed by Consolidation Officer, an appeal was filed by the petitioners and their predecessors, which was allowed by the Settlement Officer of Consolidation (hereinafter referred to as, 'S.O.C.') vide his order dated 13.11.1987. Through his order dated 13.11.1987, the S.O.C., remanded back the matter to the Consolidation Officer directing him to reconsider the dispute between petitioners and respondents in accordance with the observations made by the S.O.C. in his order dated 13.11.1987, whereby the S.O.C. had directed the Consolidation Officer to get an opinion of Expert regarding the signature of the testator on the disputed Will. The aforesaid order passed by the S.O.C. was challenged by the respondents before respondent No. 1-Deputy Director of Consolidation, Siddharth Nagar (hereinafter referred to as, 'D.D.C.') under Section 48 of Uttar Pradesh Consolidation of Holdings Act, 1953

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(hereinafter referred to as, 'Act, 1953') and on the application of the respondents, Revision No. 4/3 was registered before the D.D.C. The D.D.C. vide his order dated 6.12.2001 allowed the aforesaid Revision No. 4/3 instituted by the respondents and set aside the order dated 13.11.1987 passed by the S.O.C. on the ground that the Will filed by the respondents was proved before the Consolidation Officer by the attesting witness of the Will and, therefore, the S.O.C. had erred in law in remanding back the matter to the Consolidation Officer to reconsider the case after getting the signature of the testator verified by the Expert. The aforesaid order dated 6.12.2001 passed by the D.D.C. has been challenged in the present writ petition.

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There is no illegality or perversity in the order dated 6.12.2001 or jurisdictional error committed by respondent No. 1- Deputy Director of Consolidation, Siddharth Nagar in passing the impugned order. Opinion of Experts are merely evidence produced by parties to prove or disprove a particular fact. The Expert opinions are not binding on adjudicating authorities. Will, as would be evident from the contents of the order of D.D.C., was proved in accordance with Section 68 of the Indian Evidence Act read with Section 63 of Indian Succession Act, 1925.

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For the aforesaid reason, the present writ petition lacks merit, and is accordingly dismissed.

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Interim order, if any, stands vacated.

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Order Date :- 20.3.2018 Anurag/-

Mohammad Sageer and Others v. D.D.C. Siddharth Nagar and Others

Case brief

What is this about?

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Mohammad Sageer and Others v. D.D.C. Siddharth Nagar and Others

Case brief

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