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KSHITIJ SHAILENDRA
Amit Dixit – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Satyendra Kumar Singh, Ajay Kumar Tripathi, Arvind Srivastava, Chandra Prakash Misra.
For the Respondents: Amar Nath Tiwari, Rishi Kant Rai, Sudhir Bharti.

JUDGMENT :

KSHITIJ SHAILENDRA, J.

1. Heard Shri Arvind Srivastava, learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Shri Sudhir Bharti, learned counsel for respondent nos. 6 and 7 and Shri Rishi Kant Rai, learned counsel for the respondent nos. 4 and 5.

2. One Mewa Dixit alias Mewa Prasad was “bhumidhar” of certain agricultural land and he died on 10.05.2003. It is stated that mutation proceedings were instituted and contested on the basis of two Wills allegedly executed by Mewa Prasad. The case of the petitioner is that Mewa Prasad executed Will in favour of mother of the petitioner on 12.08.1999 whereas the case of the private respondents is that the said Will is not genuine, rather, manufactured. The only Will executed by Mewa Dixit was dated 16.11.1998 in favour of respondent nos.4 and 5 who are daughters of the testator.

3. The petitioner applied for mutation on the basis of alleged Will dated 12.08.1999 and the Tehsildar by order dated 28.08.2008 directed making of entry in his name. Needless to say that petitioner is son of Pushpa Devi in whose favour the Will of 1999 is alleged to have been executed. The daughters of Mewa Dixit challenged

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