KAMLESH KUMAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Subedar Mishra, learned counsel for the petitioners, Sri Vishal Khandelwal, learned counsel for the contesting respondent no.2 and learned Standing Counsel representing the respondent no.1.

(2.) The instant writ petition is arising out of a mutation proceeding challenging the order dtd. 10/8/2021 (Annexure-21) passed by the Board of Revenue, U.P. at Lucknow (respondent no.1) in Revision No.71 of 2019 (Radha Rani Vs. Ramesh Chandra and others) under Sec. 219 of U.P. Land Revenue Act, 1901 (in brevity 'U.P.L.R. Act').

(3.) Facts giving rise to present writ petition is that the land in question was recorded in the name of Kishori Lal and after death of recorded tenure holder (Kishori Lal), mutation application has been filed by Radha Raman and Vishnu on the basis of Will Deed dtd. 27/4/1991, which was dismissed by Tehsildar vide order dtd. 22/12/1995. Thereafter, one Radha Rani (respondent no.2) has filed subsequent mutation application on the basis of unregistered Will Deed dtd. 12/9/1992. During pendency of the aforesaid mutation application, Vishnu has again moved second mutation application on the basis of registered Will Deed dtd. 2/12/1982. After considering the rival submissions made by both the parties, Tehsildar vide order dtd. 16/1/2008 (Annexure-9) has rejected the application filed by the respondent no.2 and passed an order for mutating the name of Bhagwat, Radha Raman and Vishnu, all sons of Kishori Lal. Feeling aggrieved, the respondent no.2 has filed an appeal, which was dismissed by the Sub Divisional Magistrate, Sadar, Mathura (in brevity 'S.D.M.') vide order dtd. 24/12/2018 (Annexure-18). Having been aggrieved by the order passed by the S.D.M., the respondent no.2 has preferred a revision, which has been allowed by the respondent no.1 vide order dtd. 10/8/2021 (Annexure-21), which is under challenge in this petition.