Court No. - 6 Case :- WRIT - C No. - 47191 of 2010 Petitioner :- Pooran Singh & Another Respondent :- Vijay Kumar & Others Petitioner Counsel :- Sushil Kumar Shukla Respondent Counsel :- Anuj Kumar Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioners
This petition arises out of proceeding under Section 34 of the Land Revenue
Act.
The dispute between the parties is whether Vijay-respondent no.1 is son of
late Rajbir and as such his heirs and legal representative entitled to inherit the
property. All the three courts have held that he is the son and legal heir
entitled to inherit the property. Aggrieved the petitioner has approached this
Court. The controversy as to whether respondent no.1 is legal heir and
representative or not can be more effectively be adjudicated in a proceeding to
be initiated by the aggrieved person on regular side. It is well settled that the
proceeding under Section 34 of the Land Revenue Act are summary in nature
not having any binding effect on the proceeding on regular side.
For the aforesaid reasons the petition stands dismissed. However, it shall be
open for the petitioners to initiate appropriate proceeding on regular side, if so
advised.
Order Date :- 11.8.2010
Anupam