Vikram Nath, J. - (1.) THIS Writ petition under Article 226, Constitution of India has been filed for quashing the orders dated 4.2.2011, 9.9.1997 and 28.11.1996 passed by the Respondent Nos. 1, 2 and 3 respectively whereby the mutation application filed by Vishwanath Singh had been rejected as being not maintainable.
(2.) THE Petitioners are the legal heirs of Vishwanath Singh. The land in dispute was recorded in the name of Shyam Narain. The fathers of Vishwanath Singh and Shyam Narain were real brothers being sons of Mahadev. Shyam Narain executed a will dated 17.5.1990 in favour of Vishwanath Singh. On the basis of the will, Vishwanath Singh filed a mutation application in the year 1994. The original will was filed by Vishwanath Singh before the Nayab Tehsildar. An objection regarding maintainability of the said proceedings was filed by Mandavi Devi, Respondent No. 4 on 8.11.1994. The said objection of Mandavi Devi was rejected by a detail order dated 13.11.1995 by the Nayab Teshildar, holding that the application was maintainable, a copy of the said order has been filed as Annexure 4 to the writ petition. Thereafter it appears that Mandavi Devi filed another application dated 7.2.1996 again raising the same objection that the application of Vishwanath Singh for mutation was not maintainable for the same reason that the name of the daughters of Shyam Narain had already been incorporated in the revenue records in his place. By the impugned order dated 28.11.1996, Nayab Tehsildar held that the mutation application was not maintainable and accordingly rejected the same. Vishwanath Singh filed an appeal which was dismissed by the Deputy Collector vide order dated 9.9.1997. In the meantime as Shyam Narain had died the Petitioners who are his legal heirs filed a revision which has also been dismissed by the Additional Commissioner (Admin.), Varanasi Division, Varanasi vide order dated 4.2.2011. It is against these orders that the present petition has been filed.
(3.) I have heard Sri C.S. Agnihotri, learned Counsel for the Petitioners, Sri R.N. Singh, learned Senior Advocate assisted by Sri Ajay Kumar Singh, learned Counsel appearing for the Respondent Nos. 4 to 7 and also Sri Triveni Shankar, learned Counsel appearing for the same Respondents, learned Standing Counsel representing Respondent Nos. 1 to 3 and 12 and Sri Mahesh Narain Singh, learned Counsel representing Respondent Nos. 8 to 11.;