HADISUL NISHA Vs. ADDITIONAL COMMISSIONER (JUDICIAL) FAIZABAD

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Hadisulnisha for quashing of the order dtd. 23/1/2014 passed by the Sub Divisional Magistrate Sultanpur, in Appeal No. 89 of 2014, and for quashing of the order dtd. 13/4/2015, rejecting the petitioners' restoration/recall application as also for quashing of the order dtd. 3/8/2015 passed by the Additional Commissioner in Revision No. 2719 under sec. 219 of the UP Land Revenue Act.

(2.) It is the case of the petitioner that she is the widow of Late Kamaal Ahmad son of Nazir Khan, the recorded tenure holder of several plots of land situated in village Seur Chamurkha, Pargana Bharosa, Tehsil Sadar, District Sultanpur. Late Nazir Khan had two sons, Late KamaalAhmad and one Ansar Ahmad, who has been arrayed as the opposite party no.3. Kamaal Ahmad the husband of the petitioner died in June 1999 and the petitioner's name was recorded under PA 11 by the Revenue Inspector on the basis of succession. The opposite party No.3being the real brother of Kamaal Ahmad initially filed an application for mutation on the basis of forged Will deed which was dismissed for want of prosecution. An application was moved for recall of the order which was subsequently not pressed by Opposite Party No.3.

(3.) The opposite party no.3 after nearly ten years moved another application on 19/1/2009 for mutation of property of late Kamaal Ahmad on the ground of remarriage of the petitioner after the death of his brother. It was alleged that the petitioner had married one Atiq Ahmad resident of village Rethua, Pargana Haveli, District Faizabad. The said mutation application was rejected by the Tehsildar on 8/11/2013. The opposite party No.3 preferred an Appeal before the Sub Divisional Magistrate (hereinafter referred to as "opposite party no.2") on 12/1/13, registered as Appeal No.89/13.