IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No.4667 of 2010 In Writ Petition No. 959 of 2010 (M/S) Dr. Sanjay Sharma. ……Petitioner Versus State of Uttarakhand and others. …….Respondents. Mr. M.C. Kandpal, Senior Advocate with Mr. S.S. Chaudhary, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl.C.S.C. for the State-respondents. Dated:-16-06-2010 Hon’ble B.S.Verma, J. Heard learned counsel of the parties and perused the record. By means of this writ petition, the petitioner has sought following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent authorities to act on the basis of Last Will Testament dated 16-04-2009 issued by late Sri Rakesh Kumar Sharma. (ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent authorities not to sell, alienate,gift or change the nature of the property/land vested by late Sri Rakesh Kumar Sharma. (iii) Issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner. 2 Learned counsel for the petitioner has contended that there is a will in favour of petitioner and the petitioner sought direction against the respondent authorities to act on the basis of the last will. The will is to be proved as per Section 63 of the Indian Succession Act, 1925 by the attesting witnesses, unless and until it is proved. The disputed question of facts can only be scrutinized on the basis of evidence adduced by the parties by the competent court. No such direction can be issued in writ jurisdiction. Therefore, the writ petition is dismissed. However, the petitioner would be at liberty to approach the Civil Court. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 16-06-2010 MK