LAWS(ALL)-2021-2-137

UDAI RAJ Vs. ADDL. COMMISSIONER (ADMIN) AYODHYA

Decided On February 18, 2021
UDAI RAJ Appellant
V/S
Addl. Commissioner (Admin) Ayodhya Respondents

JUDGEMENT

(1.) This petition has been filed for quashing of the order dated 11.1.2021 passed by the Additional Commissioner (Administration), Ayodhya Division, Ayodhya as also the orders dated 23.8.2003 and 22.1.1999 passed by the Tehsildar, Sadar, District Faizabad/Ayodhya.

(2.) I have heard learned counsel for the petitioners, learned Standing Counsel for the State respondents and Sri Ajay Kumar Gupta for the caveator Dinesh Kumar Verma, who is also arrayed as respondent no.4 in this petition.

(3.) It is the case of the petitioners that one Smt. Sarju Devi was the recorded tenure holder of certain land situated in village Rampur Sandasi, Pargana Haveli Awadh, Tehsil Sadar, District Faizabad/Ayodhya along with the petitioners. She had inherited the property from her late husband Guru Dayal. She died on 23.8.1998 leaving behind her two daughters at her native village Rampur Sandasi. The father of respondent nos.3 and 4 was the Ex-Pradhan and prepared forged notarized Will allegedly executed on 12.8.1998 and on the basis thereof, got the names of respondent nos.3 and 4 mutated in the revenue records. Respondent nos.3 and 4 are total strangers and do not belong to the family. The order of mutation having been passed without following the procedure of law and without serving notice upon the petitioners on 22.1.1999, the petitioners having derived knowledge of such order, filed an application for recall under Sec. 201 of the U.P. Land Revenue Act, which application was rejected by respondent no.2 by misinterpreting the provisions of Sec. 201. The petitioners being aggrieved by the order dated23.8.2003 filed a revision, which has also been rejected. Hence this petition has been filed.