Disposed

Ram Shanker v. Board of Revenue Lko. and Ors.

Allahabad HC12 May 2025WRIB/1006342/2009

Case brief

AI extract

What is this about?

Petitioner challenged the Board of Revenue's reliance on unregistered Will in mutation proceedings. Court declined to interfere, holding that mutation cases are summary and genuineness of Will cannot be decided therein, upholding the Additional Commissioner's order under U.P. Land Laws (Amendment) Act 1997.

What did the court decide?

Petition disposed of with liberty to the petitioner to avail remedy by filing a civil suit.

Ram Shanker Vs Board of Revenue Lko. and Ors. — Succession and Inheritance | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:27948

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Court No. - 7

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Case :- WRIT - B No. - 1006342 of 2009

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Petitioner :- Ram Shanker Respondent :- Board Of Revenue Lko. And Ors. Counsel for Petitioner :- V.K.Pandey,Anand Mani Tripathi,Prabhat Kumar,Pradeep Kr Shukla,Umakant Pandey,Vijai Bahadur Verma,Vivekanand Pandey Counsel for Respondent :- C.S.C,Aditya Mishra,Amrendra Nath Tripathi,Balram Yadava,Dharmendra Kumar Dixit,I.D.Shukla,Mohd Shadab Khan,Mohiuddin Khan,R.N.Gupta,Rajendra Singh Chauhan,S.K.Mehrotra

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Hon'ble Saurabh Lavania,J.

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Heard Shri Vijay Bahadur Verma, learned counsel assisted by Shri Aditya Kumar, learned counsel for the petitioner, Shri Asit Chaturvedi, learned Senior Counsel assisted by Shri Dharmendra Kumar Dixit and Shri Bhupesh Kumar Kashoda, learned counsel for opposite party no.10 to 12, Shri Hemant Kumar Pandey, learned State Counsel and perused the material brought on record.

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The claim of the petitioner is based upon the registered Will dated 09.08.1977 executed by Ram Garib in favour of his daughter namely Sumirata and the claim of the side opposite is based upon unregistered Will dated 22.05.1984 executed by Ram Garib in favour of Shiv Kumar s/o Kharpata, sister of Sumirata.

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By the earlier will dated 09.08.1977 the entire property was provided to Sumirata and by subsequent will dated 25.5.1984 the property was divided between two namely Sumirata and Shiv Kumar s/o Kharpata.

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Based upon the unregistered Will dated 22.05.1984 in the mutation case an order was passed on 22.09.1984, in compliance of which the name of Sumirata and Shiv Kumar

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were recorded in the revenue records.

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Subsequently, based upon the registered Will dated 22.05.1984 an order was passed in mutation case on 22.05.1987 by Additional Tehsildar, Sadar, Faizabad (now Ayodhya).

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The order dated 22.05.1987 was challenged by Shiv Kumar by instituting Case No.92/76/53/47/3/2 under Section 210 of U.P. Land Revenue Act, 1901 (in short 'Act 1901'). This case was dismissed by Additional Officer Ist, Faizabad (now Ayodhya) vide order dated 20.04.1993.

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Aggrieved by the order dated 20.04.1993, Shiv Kumar filed a Revision No.674/Faizabad (Shiv Kumar Vs. Smt. Sumirata & others) under Section 218 of Act 1901. This revision was allowed by the Additional Commissioner, Administration, Faizabad Division, Faizabad vide order dated 18.05.2006. In this order the Revisional Authority took note of the subsequent will dated 25.05.1984.

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According to the petitioner the order dated 18.05.2006 is without jurisdiction for the reason that in exercise of power under Section 218 of the Act 1901, at the relevant point of time, the Commissioner was not empowered.

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Being aggrieved by the order dated 18.05.2006 the petitioner approached the Board of Revenue at Lucknow by means of Revision No.1297/LR./2005-06/Faizabad (Ramshankar Vs. Shiv Kumar) . The Board of Revenue dismissed the revision filed by the petitioner and upheld the order dated 18.05.2006. The Board of Revenue also relied upon the subsequent Will dated 22.05.1984 for passing the order dated 18.05.2006 and for the purposes of relying upon the Will dated 22.05.1984 the Board also took note of the principles settled on placing

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reliance on subsequent unregistered Will.

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Upon consideration of the aforesaid facts, on being confronted with regard to the principles embodied in the judgment relied upon by the Board for the purposes of placing reliance on unregistered Will dated 22.05.1984, according to which the registered Will can be revoked/cancelled by unregistered Will, no authority has been placed before this Court.

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Taking note of the aforesaid as also that the mutation proceedings are summary in nature and the parties are claiming their rights based upon the Wills and the genuineness of the same cannot be decided in the mutation case, this Court is not inclined to interfere in the impugned orders on various grounds including the ground that the order passed by Additional Commissioner was without jurisdiction as to the view of this Court in terms of Section 10 of U.P. Land Laws (Amendment) Act 1997 (U.P. Act No.20 of 1997) the Additional Commissioner rightly dismissed the revision vide order dated 18.05.2006.

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Accordingly, this petition is disposed of with liberty to the petitioner to avail the remedy available, i.e. regular proceedings before the appropriate court, which shall be decided as per law.

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Order Date :- 12.5.2025 Anand/-

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Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ram Shanker v. Board of Revenue Lko. and Ors.

Case brief

What is this about?

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Ram Shanker v. Board of Revenue Lko. and Ors.

Case brief

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