RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri Susheel Gupta, Advocate, in person.
(2.) THIS writ petition has been filed for quashing the order dated 27.03.2014 passed by Collector, rejecting the application of the petitioner under Section 192 U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act) for transferring Mutation Case No. 311 of 2013 from the Court of Tahsildar, Bhognipur, Kanpur Dehat to some other Court of competent jurisdiction. Ajay Kumar Gupta (respondent -5) filed an application (registered as Mutation Case No. 311 of 2013) under Section 34 of the Act for mutating his name as an heir of Smt. Sushila Devi on the basis of registered will dated 30.11.2011 allegedly executed by Smt. Sushila Devi in his favour. Certified copy of the order sheet (filed on pages 38 -39 of the writ petition) shows that the case was filed on 02.05.2013 and it was adjourned one or other ground on 18.05.2013, 03.06.2013, 12.06.2013, 15.07.2013, 03.08.2013, 17.08.2013, 04.09.2013, 12.09.2013 and 25.09.2013. Sushil Kumar Gupta (the applicant) was appearing on all the dates. On 14.10.2013, Tahsildar directed for issue of notice and fixed 29.10.2013. Again the case was adjourned on 29.10.2013, 12.11.2013. On 26.11.2013, Tahsildar directed for issue of notice to Rajeev Gupta, on his correct address. The case was again adjourned on 16.12.2013 and 23.12.2013. On 06.01.2014, respondent -5 filed an application for publication of the notice. The case was then fixed for 18.01.2014 for publication of notice.
(3.) IN the order sheet dated 01.02.2014, it has been mentioned that notice was published. Time was granted for filing objection in the case and 17.02.2014 was fixed. On 17.02.2014, the petitioner filed an application for adjournment of the case on the ground that he had to file an application before the Collector for transfer of the case from the Court of Tahsildar. Tahsildar rejected the application and closed the opportunity of objection and fixed 19.02.2014 for evidence of respondent -5. On 19.02.2014, the petitioner filed an application for grant of time for filing objection, which was allowed and 25.02.2014 was fixed for objection of the petitioner.;