KASSI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Rajeev Kumar Mishra, learned counsel for the petitioner, Sri Suhel Akhtar, learned counsel for respondent No. 6 and Sri Shashi Kant Kushwaha, learned standing counsel for the state-respondents.

(2.) Brief facts of the case are that proceeding under Sec. 34 of the U.P. Land Revenue Act, 1901 was initiated at the instance of the petitioner on the basis of unregistered Will deed dtd. 28/7/1997, executed by Parshu in favour of the petitioner. The Tehsildar vide or- der dtd. 2/4/2003 ordered to record the name of the petitioner on the basis of unregistered Will deed dtd. 28/7/1997, considering the evidence adduced by the parties as well as the point relating to possession in respect to plot in question. Against the order dtd. 2/4/2003, a time-barred restoration application was filed on behalf of respondent No. 6 which has been rejected by the Tehsildar vide order dtd. 4/8/2016. Against the orders dtd. 2/4/2003 and 4/8/2016, appeal under Sec. 35(2) of the U.P. Revenue Code, 2006 was filed before the Sub-Divisional Officer. The aforementioned appeal was heard and dismissed vide order dtd. 7/6/2017. Against the appellate order dtd. 7/6/2017, revision under Sec. 210 of the U.P. Revenue Code, 2006 was filed on behalf of respondent No. 6 which was allowed vide order dtd. 30/11/2017, setting aside the orders dtd. 7/6/2017, 4/8/2016, 2/4/2003 and remitting the matter back before the Tehsildar to decide the mutation proceeding afresh after affording opportunity of hearing to the parties. Against the revisional order dtd. 30/11/2017, revision was filed on behalf of the petitioner before the Board of Revenue which has been dismissed under the impugned order dtd. 25/11/2019. Hence, this writ petition for the following reliefs :

(3.) This Court entertained the matter vide order dtd. 5/1/2021 and stayed the effect and operation of the orders dtd. 31/11/2017 as well as 25/11/2019.