Court No. - 2
Case :- WRIT - C No. - 17003 of 2021 Petitioner :- Anjulata Bhatnagar Respondent :- State of U.P.
Counsel for Petitioner :- Kameshwar Chaubey Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
It is pleaded that Anand Swaroop Bhatnagar, the owner and having right and title in respect of Gata No. 54/2, 55/4, 247/1 admeasuring 0.8020 hectare in Khata No. 0092 situated at Village Nooralipur, Bhanwant, Tehsil Nagina, District Bijnor and one residential house situated at Mohalla Chahshiri House No. B-21, 257, District Bijnor who died on 12.05.2014.
Petitioners claim to be the married daughters of Late Anand Swaroop Bhatnagar and claim their right to the property in view of the amendment brought about in section 6 of the Hindu Succession (Amendment) Act, 2005, whereby, married daughters have been given right to inherit the joint coparcener property. Petitioners have made an application to the District Magistrate for deciding the issue.
Reliance has been placed on the decision rendered by the Supreme Court in Vineeta Sharma Versus Rakesh Sharma and others, 2020 (9) SCC 1.
Learned Standing Counsel submits that the petitioners would have to take remedy before the appropriate forum/court under the Act and not before the Collector.
This fact is not being disputed by learned counsel for the petitioners.
The writ petition is disposed of as withdrawn with liberty to the petitioners to take remedy before the appropriate forum/court, in accordance with law.
Order Date :- 27.7.2021 K.K. Maurya Digitally signed by Justice Suneet Kumar Date: 2021.07.28 15:23:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad