IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14188 of 2006 KUMARI SNEH LATA SUJAL & ANR Versus THE STATE OF BIHAR & ORS ----------- 3. 25.07.2008. Heard learned counsel for the petitioners and the counsel for Private Respondent No.5. 2. Petitioners are aggrieved by the order dated 19.09.2006 passed by the District Magistrate, Nalanda in Mutation Case No. 8 of 2005, Annexure-7, whereunder claim of the petitioners for grant of mutation over the properties in-question has been refused with reference to Section 213 of the Indian Succession Act as from perusal of the said order it appears that the Will on the basis of which petitioners laid their claim over the properties in-question was subject matter of probate proceeding in which no probate was allowed and according to the learned District Magistrate mutation could not be allowed on the basis of the Will unless the same is probated, as is required under Section 213 of the Indian Succession Act. 3. Counsel for the petitioners assails the aforesaid order on the ground that during the pendency of the writ application Probate Case No. 1 of 2004 has been allowed and mutation in respect of the properties which were the subject matter of Probate Case No. 1 of 2004 be granted. 4. Having heard counsel for the parties, I direct the District Magistrate, Nalanda to reconsider his order dated 19.09.2006 passed in Mutation Case No. 8 of 2005, Annexure-7 in the light of the order dated 2nd June, 2008, whereunder Probate Case No. 1 of 2004 has been allowed. Parties are directed to appear before the District Magistrate, Nalanda along with a certified copy of this order on 25th August, 2008. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.) - 2 -