GUPTESHWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard counsel for the petitioner. In view of the averment made in the affidavit filed in support of the application, the instant application is allowed. Counsel for the petitioner is permitted to make necessary amendment in the prayer clause of the writ petition during the course of the day. Order on Writ petition :

(2.) Brief facts of the case are that one Guran son of Raghunath was recorded tenure holder of the plot in dispute. After death of Guran, name of contesting respondents were ordered to be recorded on the basis of Pa Ka-11 vide order dtd. 23/2/1990. Petitioners applied for mutation of their names only in place of recorded tenure holder Guran on the basis of succession under Sec. 34 of U.P. Land Revenue Act. The family pedigree which was given by contesting respondents in their pleading will be relevant in order or appreciate the controversy involved in the matter, which is as under: Guran Shivpujan Devpujan Ramdhani Sonbarsi (wife) Sumeshwar @ Kameshwar @ Mukteswhar Gupteshwar Chhiteswar Harikishun

(3.) Tehsildar vide order dtd. 9/1/1992 set aside the order dtd. 23/2/1990 and ordered to be record the name of petitioners in place of deceased recorded tenure holder Guran over plot No. 70 area 1.14 dismal. Against the order dtd. 9/1/1992, contesting respondents filed restoration application along with the prayer for condonation of delay, which was allowed vide order dtd. 25/8/2014 setting aside the order dtd. 9/1/1992 and restoring the mutation case on the original number. Against the order dtd. 25/8/2014 petitioner filed a restoration application along with the prayer for condonation of delay on 1/12/2014. Tehsildar vide order dtd. 20/11/2014 decided the dispute of mutation and ordered to record the name of petitioners as well as contesting respondents in place of deceased tenure holder Guran. Against the order dtd. 20/11/2014, petitioners filed a revision under Sec. 219 of U.P. Land Revenue Act before the Board of Revenue, which has been registered as Revision No. 1973 of 2015. The aforementioned revision was heard by Board of Revenue and vide order dtd. 16/8/2021 disposed of the revision filed by petitioners and directed the Tehsildar to decide the restoration application dtd. 1/12/2014 filed by petitioners as directed by Hon'ble High Court vide order dtd. 4/2/2015. Tehsildar heard the mutation matter in pursuance of the order of revisional Court dtd. 16/8/2021 and vide order dtd. 9/3/2023 rejected the restoration application dtd. 1/12/2014 filed by petitioners and affirmed the order dtd. 23/2/1990 passed on the basis of Pa Ka 11 as well as subsequent order dtd. 20/11/2014 and 25/8/2014 hence this writ petition for quashing the order dtd. 9/3/2023 passed by respondent No. 4.