High Court of Judicature at Allahabad
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Surya Pal Singh v. U.P. Awas And Vikash Parishad And Others - WRIT - C No. 12824 of 2007  RD-AH 4100 (9 March 2007)
Hon. Anjani Kumar, J.
Hon. Dilip Gupta, J.
This writ petition has been filed for quashing the order dated 9th February, 2007 that has been passed by the Deputy Awas Commissioner, U.P. Awas Vikas Parishad, Bareilly Zone rejecting the representation filed by the petitioner.
The averments made in the writ petition indicate that one Dharmveer Singh was allotted House No.225/3, Rajendra Nagar, Bareilly by the Awas Vikas Parishad. After his death one Sri Kunwar Bahadur Singh executed a will in favour of the petitioner in respect of the aforesaid house and after the death of Sri Kunwar Bahadur Singh the petitioner submitted an application before the Awas Vikas Parishad for mutation of his name.
Learned counsel for the petitioner submitted that in view of the Civil Court decree in the suit filed by one Parvati, the house should be mutated in his name. The representation has been rejected on the ground that the aforesaid decree cannot be of any benefit to the petitioner who has to obtain a proper order from the competent Court in respect of the will said to have been executed in his favour.
We find no infirmity in the said order as indeed the petitioner cannot take advantage of the decree obtained by Parvati in the injunction suit and the petitioner has to obtain an order from the Court in his favour in respect of the will on the basis of which he seeks to get his name mutated.
The writ petition is, accordingly, dismissed.
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