SUMITRA DEVI Vs. MANJU SHARMA

JUDGEMENT

(1.) BY the present Writ Petition, the petitioner has challenged the judgment and order dated 19.2.2001 passed by the Sub -divisional Officer/Assistant Collector, 1st Class, Laksar, District Hardwar (Annexure -2 to the Writ Petition) and the judgment and order dated 22.7.2002 passed by the Commissioner, Garhwal Division, Camp Dehradun. She further prayed for upholding the orders dated 18.10.1994 and dated 23.12.2000 passed by the Naib Tehsildar in mutation proceedings under Sections 34/35 of the D.P. Land Revenue Act.

(2.) BRIEF facts of the case are that the son of the petitioner, Vinod Kumar, died in the month of June, 1994. and the petitioner applied for mutation of her name in his place on 18.10.1994, being the widowed mother of the deceased Vinod Kumar. The Naib Tahsildar allowed the mutation application vide order dated 18.10.1994 thereby directed that the name of the petitioner be recorded in the revenue records.

(3.) SMT . Manju Sharma, the sister of the deceased Vinod Kumar, moved an application on 17.12.1999 for restoration to set aside the ex -parte order in favour of the petitioner Smt. Sumitra Devi on the ground that the mutation order passed in her favour was ex -parte and also alleged that Smt. Sumitra Devi remarried in the year 1978 with one Kishan Lal, hence she could not succeed deceased Vinod Kumar and could not get any share because of remarriage and she prayed for setting aside the order dated 18.10.1994 passed by Naib Thasildar.