BINDESHWARI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri P. K. Mishra counsel for the petitioner.

(2.) By this writ petition, the petitioner has prayed for quashing the orders passed by respondent Nos. 1 and 2 dated 28th August, 2001 and 19th December, 2000 respectively.

(3.) The facts of the case as stated in the writ petition are ; it is stated that the writ petition arises of the mutation proceeding, Shiv Balak who was father of the petitioner died on 15th November. 1997. A report was made and the names of the petitioner and his brothers were mutated in the khatauni as sons of Shiv Balak, deceased and entry was made by revenue inspector, The proceedings for mutation under Section 34 of U.P. Land Revenue Act was initiated by the respondents claiming that their names should be mutated in place of Shiv Balak, deceased, on the basis of a registered Will dated 22nd February, 1997, executed by Shiv Balak, the deceased. The mutation proceedings filed by the respondents under Section 34 of the U.P. Land Revenue Act were allowed by Tahsildar vide his order dated 9th March, 1999. Against the aforesaid mutation order, an appeal was filed by the petitioner which was allowed by the Sub-Divisional Officer vide his order dated 24.1.2000. A revision was filed before the Additional Commissioner, Gorakhpur challenging the order dated 24.1.2000 of Sub-Divisional Officer. The revision was allowed by the Additional Commissioner setting aside the order of Sub-Divisional Officer. The matter was taken up before the Board of Revenue by the petitioner challenging the order of Additional Commissioner which revision has been rejected by the order dated 28th August, 2001. The writ petition has been filed challenging the order dated 28th August, 2001 of the Board of Revenue and the order dated 19th December, 2001 of Additional Commissioner.