SHRI KRASHAN Vs. ADDI.COMMISSIONER

JUDGEMENT

(1.) This petition has been filed challenging the order dtd. 25/4/2016 passed by respondent no.1 in Revision no.1239/2011-12 and the order dtd. 27/6/2011 and 2/4/2012 passed by respondent no.2 in Case no.16/3/847 with a further direction to be issued to respondents not to interfere in peaceful possession of petitioner on the property in question.

(2.) I have heard learned counsel for the petitioner and learned counsel for respondents 3 to 5.

(3.) It has been argued that father of the petitioner Putan died in 1987 and PA 11 proceedings took place thereafter in which the petitioner was recorded as his successor on 15/9/1991. After 11 years of death of Putan, one Devki moved an application under Sec. 34 of U.P. Land Revenue Act for mutation before the Tehsildar on 11/3/1998 on the basis of unregistered Will dtd. 27/6/1988. The said case was dismissed for want of prosecution on 24/6/1998. Devki never tried to get the case restored in his life time. He died in 2004. Respondent nos.3 to 5 moved an application for restoration after 13 years on 27/12/2010 for recall of order dtd. 24/6/1998. The application was allowed on 6/6/2011 without hearing the petitioner. Respondent nos.3 to 5 also filed a declaratory suit on 1/10/2010 concerning the same land before the S.D.M., Mishrikh under Sec. 229B of U.P.Z.A. and L.R. Act showing the death of their father Devki to have occurred during consolidation operation. The consolidation operation in the village concerned had taken place in 1962. The said declaratory suit was dismissed as withdrawn on 8/7/2011. After mutation case was restored it was also allowed on 27/6/2011 directing mutation of names of respondent nos.3 to 5 on the property of Putan, father of the petitioner. The petitioner came to know only on 4/10/2011 when he moved an application for extract of khatauni to be given to him. The petitioner thereafter moved an application for recall of order dtd. 27/6/2011 which was rejected on grounds of delay on 2/4/2012. The petitioner being aggrieved filed a revision which has also been rejected on 25/4/2016. Hence this petition.