High Court dismissed a petition challenging refusal to issue a refund voucher for compensation in a land acquisition proceeding. It held petitioners must first obtain probate of the Will before claiming rights.
Writ petition dismissed; no refund voucher to be issued.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9104 of 2018 Petitioner :- Virendra Narayan Tiwari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today is taken on record.
The present petition is directed against the order dated 12.10.2018 whereby the executing court has refused to accept the prayer of the petitioners to issue a refund voucher for apportionment of compensation, deposited with the court in a land acquisition proceeding.
The submission of learned counsel for the petitioners that both the petitioners have been substituted in the First Appeal no.309 of 2013 on a substitution application filed by them claiming their right to get compensation on the basis of Will dated 08.06.1998 executed by the original tenure holder namely Paras Nath Pandey.
The submission is that the said substitution application has been allowed on 13.03.2018 and for the fact of the petitioners being substituted as respondent in the aforesaid appeal, the executing court cannot refuse to issue refund voucher for disbursement of compensation, awarded by the first appellate court.
This submission of learned counsel for the petitioners does not find any merit in view of the admitted fact that the petitioners are claiming their right to receive compensation on the basis of a Will executed by the original tenure holder. The question as to the genuineness of the Will was not subject matter of examination in the substitution at the stage of first appeal.
The court below cannot be said to have erred in rejecting the request of the petitioners to issue refund voucher noticing the fact that the question of genuineness of Will has not been determined with the substitution of the petitioners in the first appeal and further for any right to receive compensation on the basis of Will, they have to seek a probate thereon.
For the aforesaid reasons, no interference is required in the order impugned.
The present petition is, accordingly, dismissed .
Order Date :- 4.1.2019 Himanshu
2 issues framed by the court
Whether the executing court erred in refusing to issue a refund voucher for apportionment of compensation pending determination of the will's genuineness.
Whether petitioners substituted in a first appeal on the basis of a Will need to obtain probate before claiming compensation.
1 provisions across 1 enactments
Virendra Narayan Tiwari And Another
State Of U.P. And 3 Others
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
