The court affirmed that an unregistered Will lacks credibility without proper evidence, emphasizing the need for foundational proof for secondary evidence under the Indian Evidence Act.

JUDGMENT :

(Saurabh Lavania, J.)

1. Heard Sri Sanjay Kumar Srivastava, counsel for the petitioner assisted by Sri Akshat Srivastava, Advocate and learned Standing Counsel who has appeared on behalf of respondents No. 1 to 3 and Sri Kapil Kumar Srivastava, Advocate who has appeared on behalf of respondents No.4 & 5.

2. The present petition has been filed for the following main relief:-

"i. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned judgment and order dated 13.07.2023, passed by the opposite party no. 1 in Revision No. 482/202354104300000552 under Section 48 of U.P. Consolidation of Holdings Act parties (Kanhaiyya Lal & others -Vs- Dinesh Kumar & others) thereby rejecting the revision of the petitioners in a most illegal and arbitrary manner without considering the grounds taken by the petitioners in the memo of revision as well as challenging the judgment and order dated 13.07.2023, passed by the opposite party no. 1 in Revision No. 481/202354104300000551 Parties Vineet Kumar & others -Vs- Shiv Rani & other thereby rejecting the revision preferred by the opposite party no. 6 to 10 so far as it relates to the petitioners contained in Annexure No.1 to the writ petition it relates to the petitioners, and

ii. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned judgment and order dated 10.04.2023, passed by the opposite party no. 2 in Appeal No. 726/2017541043000030 under section 11 (1) of U.P. Consolidation of Holdings Act parties (Ram Bharosey & others -vs- Vineet Kumar & others) thereby rejecting the appeal preferred by the petitioners in a most illegal and arbitrary manner without considering the grounds taken by the petitioners in the memo of appeal as well as judgment and order dated 10.04.2023, passed by the opposite party no. 2 in Appeal No. 525/2021541043000714 parties Dinesh Kumar Vs- Vineet Kumar and others thereby allowing the appeal preferred by the opposite party no. 4 and 5 so far as it relates to the petitioners contained in Annexure No.2 to the writ petition it relates to the petitioners.

iii. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned judgment and order dated 15.12.2017, passed by the opposite party no. 3 in Case No. 26/2017-18 under section 9 A(2) of U.P. Consolidation of Holdings Act parties Vineet Kumar -Vs- State of U.P. by which the opposite party no. 3 allowing the objection of the opposite party no.6 to 10 on the basis of Varasat and further directed to the revenue authorities to cancelled the name of the petitioners from the revenue records without given any decision on the objection filed by the petitioners so far as it relates to the petitioners contained in Annexure No.3 to the writ petition it relates to the petitioners; and

iv. Issue a writ, order or direction in the nature of Mandamus thereby directing the opp. parties no. 4 and 5 not to make any hindrance in peaceful possession of the petitioners over the land in dispute."

3. The notice to respondent(s) No. 6 to 10 is dispensed with. It is for the reason that their petition i.e. WRIT - B No. - 682 of 2023 (Vinit Kumar and Others Vs. D.D.C. and Others) challenging the order(s) dated 13.07.2023 and 10.04.2023, has already been dismissed vide judgment and order dated 09.08.2023.

4. The respondent(s) No. 11 and 12 are formal respondents and as such notice to these respondents is also dispensed with.

5. In view of the aforesaid as also in the view of the facts of the case and material available on record including the supplementary affidavit dated 16.05.2024 filed today, which is taken on record, with the consent of learned counsel for the contesting parties present today, this Court proceeded to decide the present petition at admission stage.

6. It would be apt to indicate that the claim of the petitioners of Vinit Kumar (supra) before the authorities under the Consolidation of Holdings Act, 1953 (in short "Act of 1953") was based