Sukhai vs The Commissioner And Others
2011 Latest Caselaw 4487 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR 
 
Court No. - 6
 

 
Case :- WRIT - C No. - 51799 of 2011
 

 
Petitioner :- Sukhai
 
Respondent :- The Commissioner And Others
 
Petitioner Counsel :- D.K. Singh
 
Respondent Counsel :- C.S.C.,Anuj Kumar,Vijai Kumar Ojha
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Heard learned counsel for the petitioner.

Supplementary filed today on behalf of the petitioner is taken on record.

This is an unfortunate contest between the petitioner and his own father, Gaya Prasad and his two cousin sisters, namely, Nirmala Devi and Vimla Devi in summary proceedings of mutation under Section 34 of the U.P. Land Revenue Act, 1901. The succession is to the holding of Ram Tirath, who is the nephew of Gaya Prasad.

Learned counsel for the petitioner contends that Nirmal Devi and Vimla Devi are his real sisters whereas his father contends that they are the sisters of Ram Tirath. Even assuming that this dispute may be kept aside for a moment, yet so long as the father of the petitioner is alive, the question of inheritance to the holding of Ram Tirath by the petitioner, does not arise.

In such a situation, in view of the order of succession under Section 171 of the U.P. Z.A. & L.R. Act, 1950 it is either Gaya Prasad, who succeeds to the holding of Ram Tirath or Nirmala Devi and Vimla Devi, who are married, in case, the same is established in accordance with law.

So far as the petitioner is concerned, he can only succeed if he is able to get any declaration in his favour from a court of competent jurisdiction. In such a situation, I do not find any reason to interfere with the impugned orders.

The writ petition lacks merits and is accordingly dismissed.

Order Date :- 8.9.2011

Shiraz