HIGH CiiiUi-‘(T §F CHHATTI$§Ami AT BILA$PUR Writ F‘etition ii27) No. 373i} of 2fjiiQ. (Writ Petition under Articie 227. of the Constitution of india) Present: $hri PP. $a‘nu. counsei for the Detitioner. Shri Sanjey Si Agrawai, ccunsei far the reepcndent. Single Bench: i—ign’bie $hri Liggendra Mishra. J QRAL GRBER (22.ue.2010) i. The instant petition is directed against the order of Board of Revenue (Annexure—P/i), whereby the appiioation preferred by the petitioner for subetitu‘ring his name in piace of respondent therein on the basis of Wiii purportedly executed by deceased Puraniya Bai has been rejected with an observation that an enquiry wouid be necessary regarding the vaiidity of the Witt and jurisdiction in this regard is vested with the civil Court. 2. Learned counsel for the petitioner referring to Order 22 Ruie 5 of GPC argued that power is vested with the Board of Revenue to determine the question of iegai representatives on the basis of the Wiii executed by the deceased respondent. 3. The above iegai proposition is not disputed by Shri Santay S. Agrawal. teamed counsei for the respondent. Further, he submits that the petition mav be aiiowed. however, the Board of Revenue may be directed to decide the matter expeditiously. in that view of the matter! the petitiort is aiiowed. The impugned order of Board of Revenue is set aside. The Board of Revenue is directed to decide N ,1 Eetitioner Puraniya Bai (dead) Thmugh: Jagdish Namwr'icant 4F.“ Prasad sen 3f Pumhatt m aged abcut 59 years, R/o. Viiiage Tentiua, Khamariya, P’O. Dewarbija, Tahsil Berla, District Durg (6.8.) Vs. §espondent Ram Kunwar Bai D/o. Aiakh Rio. Viiiaqe gawicam I, Bendemhuwa, Tahsi! saja, D§strict DJrg (Ca; the appiication for substituting the iegai représentatives of deceased respondent Puraniya Bai in accordance with the provisions contained in Order 22 Ruie 5 of CFC expeditiousiy. , ‘ sd/_ Dhirezidm Mishra Judge Bini