High Court of Judicature at Allahabad
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Shyam Karan Lal v. Addl. Commissioner, (Judicial/Iind) Varanasi Mandal & Others - WRIT - C No. 1131 of 2006  RD-AH 720 (10 January 2006)
Hon. S. K. Singh, J.
Notices meant for respondent no. 5 has been accepted by Sri Lokendra Kumar, learned Advocate who further submits that he will be filing appearance on behalf of respondent no. 4 and respondents 6 to 13 and therefore notices may not be sent.
Argument is that on the death of Srinath Lal on the basis of two separate unregistered wills claim of both side can be there before the concerned Tahsildar for directing mutation of their name and therefore irrespective of the earlier inning, for directing mutation of the name of either of the petitioner or the respondents or of both or of none the judicial exercise going into merits of both wills and of recording finding either way after giving opportunity to both side of their oral and documentary evidence was needed but in the present case order of Tahsildar dated 30.10.2004 indicates that this exercise was not done rather by adopting strange procedure of going into the village and taking alleged statement of some of the witnesses the impugned order was passed which cannot be said to be just and proper and therefore, learned commissioner in maintaining the same has committed an error.
In view of the aforesaid, matter needs scrutiny. As indicated above, Sri Kumar has already appeared, he is to file his response promptly. Sri Anuj Kumar, learned Advocate who appears for respondents 14 and 15 may also file response within the same time.
List this matter in the week commencing 6th February,2006.
On the facts, it is directed that till the next date of listing parties will maintain status quo in respect to nature and possession over the land in dispute, as exists today, and none of the parties will transfer the land in any manner.
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