LAWS(ALL)-2020-5-20

SMT MANJU DEVI Vs. BOARD OF REVENUE

Decided On May 28, 2020
Smt Manju Devi Appellant
V/S
BOARD OF REVENUE Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying for quashing of the order passed by the opposite party no.1 dated 11.1.2018, upholding the order dated 30.7.2014 passed by the opposite party no.2, and for consequential reliefs.

(2.) The dispute relates to four plots of land situated in village Laxmanpur, Pargana, Tehsil and District Gonda.

(3.) It has been stated in the writ petition that initially the four plots of land were recorded in the name of Smt. Ram Raji, widow of Sheetla Prasad. On the death of Smt. Ram Raji, the name of Smt. Sampata, wife of Shiv Prasad being the only daughter, was recorded by the Supervisor, Kanoongo through PA-11 entry. On 6.7.1974, Bhikhu, Ram Sumran and Ram Kumar filed a suit under Section 229B/209 of the U.P.Z.A. and L.R. Act against Sampata by impleading the State of U.P. and the Gaon Sabha as parties and claiming Bhumidhari rights on the basis of an unregistered Will dated 5.9.1972, alleged to have been executed by Smt. Ram Raji and in the alternative, claimed to be heirs of Smt. Ram Raji being the nephews of her Late husband Shiv Prasad, and denying the existence of Sampata as a daughter of Ram Raji and Sheetla Prasad. The suit was contested by Sampata, who pleaded that she is the only daughter of Smt. Ram Raji and had inherited the property in dispute. The suit was also contested by the State of U.P. by filing written statement.