Court No. - 38
Case :- WRIT - C No. - 6770 of 2019 Petitioner :- Chandra Kiran Mishra Respondent :- The District Magistrate, Gorakhpur And 3 Others Counsel for Petitioner :- Azad Rai,Shivendra Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard Shri S.N. Singh, learned counsel for the petitioners and the learned Standing Counsel appearing for the respondent nos. 1 and 2.
In view of the order that is proposed to be passed, no notice is required to be served on the respondent nos.3 and 4.
This writ petition has been filed challenging the order dated 17 January 2019 passed by the respondent no.2, Tehsildar, Tehsil Gola, District Gorakhpur in Case No.RST/2253/2014 (Computerized Case No.T201405310722530), Chandra Kiran Mishra Vs. Ram Shiromani & Ors., whereby the order of mutation dated 27 January 2015 passed in favour of the petitioner has been set aside.
The contention of the learned counsel for the petitioner is that a will-deed was executed in favour of the petitioner in the year 1983 and a declaratory suit was filed by him in the year 2000 for declaring the will deed to be a valid document. The suit was decreed ex parte whereafter, on a restoration application being filed by the private respondents, the suit was restored.
It is contended that thereafter the brothers of the petitioner sold the property to the private respondent nos.3 and 4 in the year 2012. Thereafter, a mutation application was filed by the petitioner in the year 2014 which was allowed on 27 January 2015. On applications filed by the private respondent nos.3 and 4, the mutation case was restored by the impugned order and 25 February 2019 was the date fixed by the court of the Tehsildar.
This Court find no illegality or infirmity in the order of the Tehsildar being so passed. The respondent nos.3 and 4 have acquired an interest in the property pursuant to the sale deed executed in favour of them in the year 2012.
The writ petition is lacking merit and is, accordingly, dismissed.
Order Date :- 26.2.2019 SK (Jayant Banerji, J.)