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THE ADMINSTRATOR GENERAL U.P. versus IN THE MATTER OF GOODS OF LATE BHAIRO PRASAD JAISWAL

High Court of Judicature at Allahabad

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The Adminstrator General U.P. v. In The Matter Of Goods Of Late Bhairo Prasad Jaiswal - TESTAMENTARY CASES No. 5 of 2003 [2007] RD-AH 5400 (26 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 30

Testamentary Case No. 5 of 2003.

 In the matter of the Goods of

Late Bhairo Prasad Jaiswal                 ...          Deceased.

Hon. Sunil Ambwani, J.

The Administrator General made an application  with regard to the estate of Late Bhairo Prasad Jaiswal in terms of Letters of Administration granted to him on 22.5.1987. It is contended that 0.500 acres of land of the deceased in village Ramai Patti, Pargana-Kantit, Tehsil-Sadar, District-Mirzapur was acquired in Case No. 1 of 1980.  A Notification under Section 4 of the Land Acquisition Act was made on 24.12.1981, and the notification under Section 6 (1) of the Land Acquisition Act was made on 29.12.1981.  The possession of the land was taken on 8.9.1982 and was handed over to Divisional Engineer, Telegraph Microwaves Project, Lucknow and the award was made on 23.9.1986 for Rs. 1,14,894.64.  The Administrator General has requested the amount to be deposited with him to administer the estate

Notices were issued to the District Magistrate.   Sri Shiv Singh, Settlement Officer Consolidation, Mirzapur/ Special Land Acquisition Officer, Mirzapur  has filed his affidavit through Sri M.S. Pipersenia, learned Standing Counsel and stated in para 4 that the compensation was to be paid to the recorded tenure holder Bhagwati Prasad, Mata Prasad and Sankatha Pradad son of Sri Deo Mangal, resident of Ganeshganj, Mirzapur.   The Administrator General has pointed out that these persons claiming to be the sister's sons of deceased  had got their names mutated in the revenue record.  Their applications were dismissed by the Court on 25.9.1973.  They filed Special Appeal Nos. 235 of 1973 and 236 of 1973

2

which were dismissed by the Division Bench on 22.4.1977.  He has quoted the order in the application and the affidavit filed on 2.1.2006.

It appears that some objections were made before the District Magistrate that the amount deposited in the revenue deposit on 21.11.1977 has not been released in favour of the Administrator General.  

Since the Administrator General is  administering the estate of Late Bhairo Pradad who died testate without leaving any issue, he is a State authority to manage the property in accordance with Administrator's General Act, 1963.

Having regard to the facts and circumstances, let the District Magistrate remit this amount to the Administrator General who is also a State authority, to manage it in accordance with law.  The amount shall be remitted within two months with report to this Court through the Standing Counsel.

List immediately after two months.

Dt. 26.3.2007

BM/- TC 5-03.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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