Anand Pratap Singh vs The State Of Jharkhand
2022 Latest Caselaw 540 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P.(C) No. 3339 of 2021
            Anand Pratap Singh                                          ..... Petitioner
                                            Versus
            1. The State of Jharkhand
            2. The Deputy Commissioner, Hazaribagh
            3. The Circle Officer, Hazaribagh                           ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

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            For the Petitioner:         Mr. Niraj Kishore
            For the Respondents:        Mr. Mukal Kumar Singh, A.C to G.P-III
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03/17.02.2022     The case is taken up through Video Conferencing.

The present writ petition has been filed for issuance of direction upon the

respondent No.3 to pass an order of mutation in favour of the petitioner by

deleting the name of Late Rameshwar Singh, the grandfather of the petitioner,

who had executed a Will of the landed property appertaining to Plot No. 1089

(present Plot No. 1089/1), Khata No. 82 (present Khata No. 82/1), Village-Kura,

Mouza-Dadi, P.S-Giddi, District-Hazaribagh, measuring an area of 8.2 Acres in

favour of the petitioner which was probated vide judgment dated 26.09.2015

passed by the learned District Judge-IX, Hazaribagh in Probate Case No.

07/2013.

Learned counsel for the petitioner submits that the petitioner's

grandfather-Late Rameshwar Singh executed Will in favour of the petitioner and

bequeathed 8.20 Acres of the aforesaid landed property in his favour. The

petitioner filed Probate Case No. 07/2013 for grant of Probate in his favour in

the Court of the learned District Judge, Hazaribagh and vide judgment dated

26.09.2015 passed by the learned District Judge-IX, Hazaribagh, the Probate for

the said landed property was granted in his favour. It is further submitted that

on perusal of the judgment dated 26.09.2015, it would appear that the other

family members had filed 'No Objection' against the grant of Probate as was

prayed by the petitioner. It is also submitted that after grant of Probate for the

aforesaid land, the petitioner applied before the respondent No.3 seeking

mutation of the same in his favour, however, no step in this regard has been taken by the said respondent which has compelled the petitioner to file the writ

petition.

Mr. Mukal Kumar Singh, learned A.C to G.P-III appearing on behalf of the

respondents, submits that if the petitioner prefers a fresh representation before

the respondent No.3 in this regard, an appropriate decision will be taken in

accordance with law within a time frame.

Having heard learned counsel for the parties and keeping in view the

nature of the prayer made in the present writ petition, without entering into the

merit of the case, the petitioner is given liberty to prefer a fresh application

before the respondent No.3 on the present issue. On receipt of such

representation, the respondent No.3, after issuing notices to all the concerned

parties and after providing an opportunity of hearing to them, shall take an

appropriate informed decision in accordance with law within three months from

the date of filing of the said application.

The present writ petition is accordingly disposed of with the aforesaid

liberty and direction.

Satish/-                                                         (RAJESH SHANKAR, J)