The Board of Revenue cannot uphold the validity of a Will deed in summary proceedings if it has been rejected in regular jurisdiction.

JUDGMENT

Chandra Kumar Rai, J.

Heard Sri. H.N. Singh, learned Senior Counsel assisted by Sri. Krishna Datta Tiwari, learned counsel for the petitioners, Sri. Pradeep Kumar Rai, learned counsel for respondent No.3 and Tarun Gaur, learned Standing Counsel for the State.

2. Brief facts of the case are that the Nawab of Rampur Estate has transferred his personal property for farming the Cooperative Farming Society in the name of 'The Bhai Sahab Cooperative Farming Society Ltd., Ardmangarh, Bilaspur, District-Rampur', which was registered on 20.01.1951 under the Cooperative Societies Act, 1912. The then District Magistrate, Rampur granted approval for the aforementioned transfer, accordingly, the name of the Society was recorded in the revenue records on 1.2.1951. The aforementioned cooperative society was divided in five cooperative societies, which were accordingly registered under the Act. One out of the five cooperative societies was Bagadiyan Garden Cooperative Farming Society Ltd., Bhogpur, Padampur, Tehsil Bilaspur, District-Rampur, which was further divided in three parts in the year 1984 namely Adarsh Samuhik Sahkari Krishi Smiti Ltd., Bagadiyan Samuhik Sahkari Krishi Samiti Ltd. and Bhogpur Samuhik Sahkari Krishi Samiti Ltd. The model bye laws of the U.P. Cooperative Society provides succession and nomination by the members of the cooperative society. The bye laws further provides that no transfer or nomination can be made unless the person concerned is made member of the society. However there is dispute about the certain fact between the parties. Hardhan Singh alleged to have executed a registered Will deed on 22.4.1993 in favour of Respondent No.3/Shemsher Singh transferring his share in favour of Bhai Sahab Cooperative Society Ltd. and Bagadiyan Garden Cooperative Farming Society. On the basis of aforementioned Will deed dated 22.4.1993 claim was set up by Respondent No.3/Shamsher Singh before the Consolidation Authority and Deputy Director Consolidation while deciding the revision vide order dated 30 th April, 2002 held that Will deed dated 22.4.1993 set up by Respondent No.3/Shamsher Singh is doubtful. Respondent No.3/Shamsher Singh filed a writ petition no.33906 of 2002 before this Court against the order of Deputy Director of Consolidation dated 22.3.2002, which was dismissed as withdrawn by this Court vide order dated 18.4.2012. Against the order dated 18.4.2012, passed in writ petition No.33906 of 2002, respondent No.3/Shamsher Singh has filed a recall application along with the prayer of condonation of delay, which is stated to be pending before this Court. Respondent No.3/Shamsher Singh has also initiated a proceeding on 30.11.2012 under Section 34 of U.P. Land Revenue Act before the Tehsildar, on the basis of will deed dated 22.04.1993 which was registered as Case No. 262 of 2012-13 in respect to property situated in village-Ram Nagariya. The aforementioned mutation case was allowed by Tehsildar vide order dated 14.1.2013 directing to record the name of Respondent No.3/Shamsher Singh in place of late Hardhan Singh in respect to plot No. 65 area 2.914 hectare situated in village Ram Nagariya, Tehasil Bilaspur, District Rampur. Against the order of Tehsildar dated 14.1.2013 one Keval Singh has filed revision No. 20 of 2012-13 and revision No.1 of 2013-14 was filed by petitioner. The aforementioned revision No.1 of 2013-14 filed by petitioner was allowed by Additional Commissioner, Moradabad Division, Moradabad vide order dated 27.1.2014 setting aside the order of Tehsildar dated 14.1.2013 and mutation application filed Respondent No. 3/Shamsher Singh was rejected. The order passed in Revision No.1 of 2013-14 was made applicable in respect to the connected Revision No. 20 of 2012-13 also. Respondent No.3/Shamsher Singh has challenged the order of Additional Commissioner dated 27.1.2014 by way of revision number 1008 of 2013-14 before Board of Revenue. In respect to property situated in village-Bhogpur mutation cas