Sangeeta Gupta vs State Of U.P. And Another
2024 Latest Caselaw 38634 ALL

Allahabad High Court

Sangeeta Gupta vs State Of U.P. And Another on 23 November, 2024

Author: Manoj Kumar Gupta

Bench: Manoj Kumar Gupta

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2024:AHC:183382-DB
 
Court No. - 21
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2221 of 2024
 

 
Petitioner :- Sangeeta Gupta
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- A.P. Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.
 

Hon'ble Anish Kumar Gupta,J.

1. The instant public interest litigation has been filed for the following relief:

"To issue a writ, order or direction in the nature of mandamus directing the authorities concerned to frame a policy in pursuance of the order and judgment dated 10.05.2024 passed in Mattar under Article 227 of the Constitution of India bearing No. 8279/2022 [Pramila Tiwari vs. Anil Kumar Mishra and 4 others] by this Hon'ble Court; [filed as Annexure No. 1 to this Writ Petition] in the interest of public at large and to secure the ends of justice.

2. The judgment in Mattar Under Article 227 No. 8279 of 2022, Pramila Tiwari vs. Anil Kumar Mishra and 4 others, is in a reference made by a learned Single Judge to Larger Bench on the following issue:

"whether the provision of compulsory registration of will, as introduced in the form of Section 169(3) of U.P.Z.A. & L.R. Act, 1950 by the Amendment Act namely U.P. Act No. 26 of 2004, is prospective or retrospective in nature ?"

3. The Larger Bench answered the reference by holding that Section 169(3) of U.P.Z.A. & L.R. Act in so far as it directs registration of Will is void and the non registration of Will would be of no consequence. The declaration of law in paragraph-37 of the judgment is as follows:

"36. In view of the above exposition of law and in view of what we have discussed above in this judgment, we hold sub-Section (3) of Section 169 of Act of 1950, in so far as it requires a Will to be compulsorily registered, to be repugnant to Section 17 read with Section 40 of the Indian Registration Act, 1908 and hence we hold the amendment of Section 169(3) of the U.P.Z.A.L.R. Act to that extent void.

37. Thus, our answer, to the question framed, is that sub-Section (3) of Section 169 having been declared as void to the extent it provides for registration of Will, the Wills in State of Uttar Pradesh are not required to be registered and a Will for its non registration will not be void whether before or after the U.P. Amendment Act, 2004."

4. The above declaration of law till it holds the field has to be followed. In case any consequential direction or amendment is required that would be in the domain of executive or the legislature. We find no substance in the relief sought in the petition.

5. Dismissed.

Order Date :- 23.11.2024

Mukesh Kr.

(Anish Kumar Gupta,J.)     (Manoj Kumar Gupta,J.)