CW- 2238/2006 - Pratap Singh Chauhan Vs. State & Ors. : Order dt.9.4.08 1/2 S.B. CIVIL WRIT PETITION NO.2238/2006 Pratap Singh Chauhan Vs. State of Rajasthan & Ors. Date of order : 09th April, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Deepika Vyas for Mr. Ranjeet Joshi for the petitioner. Mr. O.P. Boob, Addl. Government Counsel. --------- 1. This case comes up on application for early hearing. The said application appears to have been directly sent by the petitioner to this Court without the same being filed thorough his counsel. This practice cannot be encouraged and has to be deprecated. 2. Be that as it may with the assistance of counsels this Court has perused the record and heard learned counsels. 3. The grievance of the petitioner appears to be that mutation entries in his favour were not made by the concerned Tehsildar, Sardar Shahar on the basis of Will executed by his father- in-law in his favour. Upon a representation made in this regard to the Tehsildar, the said Tehsildar vide Annex.4 dated 17.3.2004 informed the petitioner that the petitioner may not indulge in unnecessary correspondence in this regard, he may file appropriate revenue suit in the competent Revenue Court, if so advised, because the question CW- 2238/2006 - Pratap Singh Chauhan Vs. State & Ors. : Order dt.9.4.08 2/2 pertains to the validity of Will also. 4. Apparently no such mandamus direction can be issued in favour of the petitioner for making necessary mutation entries in the revenue record on the basis of Will claimed to have been executed by the father-in-law of the petitioner in his favour. 5. Such civil rights, if any, have to be established on the basis of evidence after properly proving the documents on the basis of which such right is claimed. Therefore, no wrong is found in the communication of the Tehsildar Annex.4 dated 17.3.2004. The petitioner, if so advised, may institute appropriate civil suit or the revenue suit as the case may be to establish his right in competent court of law. 6. With these observations, this writ petition is disposed of. [ DR. VINEET KOTHARI ], J. item No.6 babulal/-