Court No. - 9
Case :- WRIT - B No. - 201 of 2019 Petitioner :- Ashok Kumar Respondent :- Deputy Director Of Consolidation Allahabad And 8 Others Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list. None has appeared for the petitioner to press this writ petition.
The petition arises out of proceedings under Section 12 of the U.P. Consolidation of Holdings Act. The said objection was filed by the petitioner, claiming on the basis of an unregistered will in his favour.
It appears that the marginal witness had to appear but despite opportunity failed to appear. His evidence, was therefore closed vide order dated 07.08.2015. Thereafter an application was filed that a warrant be issued to summon to the witness to depose regarding the will. This application was rejected on 24.06.2017.
The revisional Court has dismissed the consequential revision stating that the burden of proving, the will in favour of the petitioner was upon him and there was no provision under the Consolidation of Holdings Act for the Court to issue a warrant for securing the presence of the marginal witness.
The Deputy Director of Consolidation has recorded that there exists an affidavit of Chhedi Lal, the marginal witness, stating therein that he has never put hi signature over any unregistered will dated 20.03.1984 setup by the petitioner.
It has also been observed that the orders impugned in the revision are interlocutory orders and therefore, the revision is not maintainable.
Upon a perusal of the impugned order as also the grounds taken in the writ petition, I do not find any merit therein. The impugned orders do not warrant any interference.
The writ petition therefore, fails and is dismissed.
Order Date :- 29.1.2019 RKM