- (1.) Heard Mr. Mohd. Arif Khan, learned senior advocate assisted by S/Shri Mohiuddin Khan, D.C. Jain, Mohd. Adil Khan, Mohd. Aslam Khan, Mohd. Shadab Khan and Shailendra Sachan, learned Counsels for the petitioners and Mr. G.S. Mishra, learned standing counsel for the State as well as Mr. S.H. Menhdi and Mr. Tilak Raj Singh, learned Counsels for the opposite parties Nos. 2 to 6.
(2.) The petitioners have challenged the order dated 30.9.2006, passed by the Additional Collector (Administration), Lucknow, whereby he has negated two Wills executed in favour of petitioners as well as opposite parties, on the ground that those were executed by 'sirdar', who was not having right of transfer as the 'sirdar' was declared 'bhumidhar' with transferable rights by means of Government Gazette dated 24.7.1977, whereas the Will deeds were executed on 21.4.1977 in favour of the opposite parties and on 15.4.1977 in favour of the petitioners.
(3.) Briefly, the facts of the case are that the land in dispute was recorded in the name of Smt. Guljara, daughter of Gajodhar in Form No. C.H. 23. She died in 1982. After her death the revisionist Yashwant Singh, father of the opposite parties 2 and 3 and husband of opposite party No. 4 submitted an application to declare him as tenure holder on the basis of adverse possession and secondly on the basis of a Will deed dated 21.4.1977, whereas the opposite parties Shiva Singh and Ors., who are the petitioners in the present writ petition, filed an application for mutation of their names on the basis of Will deed dated 15.4.1977, executed in their favour by Smt. Guljara. The Pradhan of the concerned Gram Sabha also moved an application to vest the property with the State, on the ground that Smt. Guljara died issueless. Keeping in view the dispute raised by the parties, the Assistant Consolidation Officer referred the matter to the Consolidation Officer, which was registered as Case No. 95, but it was dismissed by the Consolidation Officer on 17.8.1994 for want of prosecution. But one another case was instituted before the Assistant Consolidation Officer on behalf of Shiva Singh on the basis of Will deed, which was registered as Case No. 513. The Assistant Consolidation Officer passed the order on 5.3.1987 in favour of Shri Shiva Singh, which was challenged on the ground that the same was without jurisdiction as once earlier the same dispute was referred before the Consolidation Officer, there was no question for institution of another case for the same subject-matter by Shri Shiva Singh. The revisional court by means of order impugned held that since the Wills were executed in contrary to the provisions of Section 170 of the U.P.Z.A. and L.R. Act, 1950 they are void. Smt. Guljara daughter of Gajodhar died leaving behind no heir, therefore, the land in dispute vests with the Gaon Sabha and he ordered accordingly.;