Dinesh Kumar Pandey v. State of U.P. and 5 Others
Case brief
What is this about?
Single-judge writ decision declining Article 226 interference with summary revenue proceedings under Section 34 of the U.P. Land Revenue Act, 1901 (Tahsildar's order plus consequential appeal and revision) where rival titles rest on conflicting Wills of the original tenure holder already sub judice before the civil court; petitioner relegated to a declaration suit; writ petition dismissed. Keywords: Section 34 U.P. Land Revenue Act 1901; Article 226; conflicting Wills; summary proceedings; alternative remedy; declaration of title; civil court decree; Dinesh Kumar Pandey v. State of U.P.
What did the court decide?
Since the parties' title is based on conflicting Wills whose validity is sub judice before the civil court, this is not a fit case for interference under Article 226; title to the disputed plot would depend on the decree of the civil court accepting or rejecting the respective Wills.