Court No. - 5 Case :- WRIT - B No. - 45500 of 2010 Petitioner :- Ram Autar Respondent :- Deputy Director Of Consolidation And Others Petitioner Counsel :- Shiva Kant Awasthi,Sudeep Pathak Respondent Counsel :- C.S.C Hon'ble Vikram Nath,J.
Heard learned counsel for the petitioner.
By the impugned order the Court below had only appointed Smt.
Maina Devi who is the real sister of Heera Singh as his guardian.
Learned counsel for the petitioner sought to argue that the interest
of Maina Devi was adverse to Heera Singh as she had claimed
rights on the basis of a will said to be executed by her father Ram
Khelawan in favour of her two daughters Maina Devi and Sharda
Devi. Learned counsel for the petitioner placed before the Court a
certified copy of the will obtained from the records of the Court
below, according to which the will is in favour of the two
daughters and the son Heera Singh as such the submissions that the
guardian if has any adverse interest of the minor should not be
appointed is not correct. By appointment of guardian no rights
have been created nor adjudicated. Parties still have option of
leading evidence to establish their respective rights and to disprove
the rights claimed by the others.
Accordingly this petition lacks merit and is accordingly dismissed.
Order Date :- 9.8.2010
RPS