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2017 Supreme(All) 877

SANGEETA CHANDRA
AWADHESH SINGH – Appellant
Versus
ADDITIONAL COMMISSIONER – Respondent


Advocates:
Counsel :
B.L. Yadav, Arun Kumar Gupta, M.N. Singh, Mahesh Narain Singh, Pramod Kumar Sharma, Punit Kumar Upadhyay and Shubhra Singh for the Petitioner; C.S.C. and R.P. Srivastava for the Respondents.

JUDGMENT

Hon’ble Mrs. Sangeeta Chandra, J.—This writ petition has been filed by the petitioner for a writ of certiorari to be issued for quashing the order dated 23.9.1994 and 3.3.2000 passed by Naib Tahsildar and the order dated 21.1.2001 passed by Additional Sub-Divisional Magistrate, Basti and the order dated 20.1.2005 passed by the Additional Commissioner, Administration, Basti.

2. The case of the petitioner as argued by his counsel is that the father of the petitioner Ram Komal Singh died on 20.12.1985, leaving behind the petitioner as his only son and six daughters. Respondent No. 5, Smt. Asha Devi, is one of the married daughters. The name of the petitioner was mutated in the revenue records over other properties situated in district Gorakhpur. The land in dispute is situated in district Basti, namely, Gata No. 21, Khata No. 58 measuring 8 Biswas, 5 Biswansis and 8 Dhoor. The respondent No. 5 (Smt. Asha Devi) wife of Sri Kedar Nath Singh filed a mutation application before the Court of Naib Tahsildar, Kaptanganj (Harraiya), District Basti on 26.7.1994 on the basis of a forged and concocted Will dated 24.1.1994. This mutation application was allowed without serving notice on t




























































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