KISHORI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India arises out of proceedings under Rule 26(1) of the Uttar Pradesh Land Revenue (Survey and Record Operation) Rules, 1978 (in short 'Rules of 1978') read with Sec. 54 of the Uttar Pradesh Land Revenue Act, 1901. Sec. 54 of the U.P. Land Revenue Act is extracted below-

(2.) According to the petitioners, they were four brothers out of which Sri Sudanno and Sri Viswanath have died and only two brothers, namely, Sri Kishore and Sri Punni Charan are alive. Smt. Sumitra (respondent No. 4) was the only child of Sri Sudanno, who died in the year 1996. After his death, survey and record operations, under Sec. 54 of the U.P. Land Revenue Act, were initiated in the village (Gram Chandanpur) and name of Smt. Sumitra (respondent No. 4) was entered in revenue records in place of her father Sri Sudanno by Survey Naib Tehsildar, Udham Singh Nagar vide order dtd. 1/3/1997.

(3.) One Sri Sahdev (respondent No. 5), who is the son of petitioner No. 1, filed an appeal against the order passed by Survey Naib Tehsildar under Rule 27(3) of Rules of 1978 before learned Assistant Record Officer on the ground that no notice was served to him or other co-tenure holders by the Survey Naib Tehsildar before entering the name of Smt. Sumitra in the revenue record in place of her father. It was further contended that Smt. Sumitra was married much before the death of her father, therefore, she cannot inherit the land of his father. It was further contended that Sri Sudanno had executed a Will, in respect of a portion of his land, in his (Sahdev) favour, therefore, the order passed by Survey Naib Tehsildar is liable to be set aside and his name deserves to be entered in the revenue records, as Bhumidhar. Although Sri Sahdev claimed that Sri Sudanno had executed a Will in his favour, however, no Will was produced by him before any forum.