SALIL KUMAR RAI,J. - (1.) Heard Sri. Udai Chandani, counsel for the petitioner and Sri. Kaladhar Singh, counsel for respondent nos. 8 and 9 as well as the Standing Counsel representing respondent nos. 1 to 7.
(2.) The facts of the case are that the petitioner claims himself to be son of one Mishri Lal Yadav while respondent nos. 8 and 9 claim themselves to be daughter of Mishri Lal Yadav and deny that petitioner was the son of Mishri Lal Yadav.
(3.) It transpires from the records annexed with the writ petition that the name of the petitioner was not recorded in the family register while Mishri Lal Yadav was alive but the names of respondent nos. 8 and 9 were recorded in the family register during the life time of Mishri Lal Yadav. However, after their marriage, the names of respondent nos. 8 and 9 were subsequently removed from the family register. After the death of Mishri Lal Yadav, the petitioner filed an application before the Assistant Development Officer (Panchayat), Mehnagar, Azamgarh to include his name in the family register of the village as the son of Mishri Lal Yadav and on the said application, proceedings were instituted by the concerned Assistant Development Officer (Panchayat) Mehnagar, Azamgarh. It is apparent from the records annexed with the writ petition itself that there is some dispute between the petitioner and respondent nos. 8 and 9 regarding succession to the property of the aforesaid Mishri Lal Yadav. Subsequently, by an order dated 30.12.2017, the concerned Assistant Development Officer (Panchayat) Mehnagar, Azamgarh rejected the application of the petitioner. However, the order dated 30.12.2017 has been referred as an inquiry report. Aggrieved by the aforesaid order, the petitioner filed an application before the District Magistrate who vide his order dated 31.1.2018 directed the Block Development Officer to submit a report. The Block Development Officer submitted his report dated 31.1.2018 stating that the allegations made in the application filed by the petitioner to the District Magistrate were baseless and false.;