Heard learned counsel for the petitioner and Sri L.M. Singh, Advocate on behalf of the respondent.
Proceedings initiated under Section 34/35 of the Land Revenue Act for mutation, based on will executed by the earlier recorded tenure holder, have culminated in an order under Section 219 of the Land Revenue Act passed by the Additional Commissioner, Kanpur Division, Kanpur. The application of the petitioner for mutation has been rejected. Hence this writ petition. In the facts and circumstances of the case, where the mutation has been prayed for on the basis of a will executed by the recorded tenure holder and where the execution of the will is in dispute, this Court feels that the proper course available to the petitioner is to file a suit for declaration of his title under Section 229-B of the U.P.Z.A. & L.R. Act. Writ petition is dismissed.
Order Date :- 8.1.2010 Pkb/