Disposed

Pradeep Kumar Maurya v. Tehsildar, Tehsil Bhiti, Ambedkar Nagar

Allahabad HC16 Oct 2024A227/4489/2024

Case brief

AI extract

What is this about?

This is a matter under Article 227 writ petition where the petitioner sought a direction to the Tehsildar to consider an application for mutation of property based on an unregistered will. The court found no such application was previously moved. The petition was disposed of with liberty to file the application in regular course, making it clear the court did not adjudge the claim on merits.

What did the court decide?

The writ petition is disposed of with liberty to the petitioner to file an application under section 34 of the U.P. Revenue Code, 2006, which shall be taken on record and dealt with by the concerned a

Pradeep Kumar Maurya vs Tehsildar, Tehsil Bhiti… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:69687

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4489 of 2024

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Petitioner :- Pradeep Kumar Maurya Respondent :- Tehsildar, Tehsil Bhiti, Ambedkar Nagar Counsel for Petitioner :- Manoj Sahu,Sonal Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Anish Kumar Gupta,J.

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Heard Shri Manoj Sahu, learned counsel for the petitioner and Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State respondents.

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The instant writ petition has been filed seeking a direction to the opposite party to consider and decide the application for mutation of the petitioner (which was orally refused by the opposite party for taking on record) relating to property in question i.e. Khata no. 34, Gata No. 161 area 0.2290 hec., Khata No. 35, Gata No. 159, area 0.025 hec., Khata No. 62, Gata No. 103 area 0.440 hec. situated at village Rajpal, Sonawa, Pargana Mijhauda, Tehsil Bhiti, District Ambedkarnagar expeditiously or within a specific period of time.

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Learned counsel for the petitioner submits that the property in question originally belongs to one Raghunath Maurya who has executed an unregistered will on 1.11.2023 and on the basis of the said unregistered will the petitioner wanted to file an application under section 34 of the U.P. Revenue Code, 2006 which has not been accepted by the concerned authority.

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Vide order dated 20.9.2024 learned standing counsel was directed to seek instructions in the matter. As per instructions, no such application has ever been moved by the petitioner before the concerned Tehsildar and it is submitted by the learned standing counsel that it is always open for the petitioner to move such application and still he may move the application, which shall be decided by the concerned authority in accordance with law.

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In view of the above, the instant writ petition is disposed of finally with liberty to the petitioner to file an application under section 34 of the U.P. Revenue Code, 2006, which shall be taken on record and shall be dealt with by the concerned authority in accordance with law.

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It is made clear that this court has not adjudicated the claim of the petitioner on merits and the application so filed by the petitioner under section 34 of the U.P. Revenue Code, 2006 shall be decided on its own merit.

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Order Date :- 16.10.2024 o.k.

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(Anish Kumar Gupta, J)

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Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad, Lucknow Bench

Pradeep Kumar Maurya v. Tehsildar, Tehsil Bhiti, Ambedkar Nagar

Case brief

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Pradeep Kumar Maurya v. Tehsildar, Tehsil Bhiti, Ambedkar Nagar

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