UDAI SINGH Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) BY means of this writ petition, the Petitioner has sought writ in the nature of certiorari quashing the order dated 26.07.1982,passed by Board of Revenue, Lucknow, in revision No. 35, which was filed under Section 219 of Land Revenue Act, against the order dated 30.01.1976, passed by Commissioner, Garhwal Division, confirming the order dated 25.01.1976, passed by Assistant Collector, Lansdown in a case for correction of papers.

(2.) BRIEFLY stated the facts, giving rise to this writ petition are that one Jot Singh was the original recorded tenure holder of the land in dispute. He died leaving behind him his two sons -Raghubir Singh (Respondent No. 3) and Udai Singh (Petitioner), who are step brothers. After the death of Jot Singh, names of both the sons came to be recorded as tenure holder through Supervisor Kanungo. Thereafter Raghuvir Singh (Respondent No. 3), moved an application stating that his name alone should be recorded over Khata No. 6, measuring area 140 nalis 14 muthis, on the basis of a gift deed executed in his favour by his deceased father. The S.D.O., vide his order dated 13.12.1971, allowed the prayer and thereafter on 03.12.1973, Udai Singh (Petitioner) moved an application stating that he and Raghubir Singh were both the sons of Jot Singh and are equally entitled for being entered as recorded tenure holder in place of their deceased father. The Assistant Collector, vide his order dated 25.01.1975, ordered for entry of names of both the parties while setting aside the order dated 13.12.1971, passed by his predecessor. Feeling aggrieved by the order dated 25.01.1975, Raghubir Singh (Respondent No. 3) went up in revision to the Commissioner, who upheld the order of S.D.O. Further aggrieved by the order of the Commissioner, the Petitioner preferred a revision before Board of Revenue. Board of Revenue, vide order dated 26.07.1982, allowed the revision and set aside the order dated 25.01.1975 and order dated 30.01.1976, passed by Commissioner. Aggrieved by the order dated 26.07.1982, passed by Board of Revenue in revision No. 35, Petitioner has filed this writ petition.

(3.) BOARD of Revenue, vide its order dated 26.07.1982, has elaborately dealt with the question as to whether the S.D.O had the authority to modify or set aside the earlier order of the same court by way of correction or any other proceeding and gave a categorical finding, which is reproduced as under: