MAIYADEEN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Mr. Lavkush Pal, learned counsel for the petitioners, Mr. Praveen Kumar Mishra learned counsel for respondent No. 5/1, Mr Abhishek Kumar Srivastava, learned Additional Chief Standing Counsel for the Staterespondents.

(2.) Brief facts of the case are that Surajpal son of Visheshor expired in the year 2004. On the basis of Pa.Ka.11 name of the petitioners were recorded in place of deceased Surajpal as real brothers of deceased. Respondent No. 5/ Devratiya filed a case under Sec. 34 of U.P. Land Revenue Act, 1901 before Tehsildar on the basis of succession and the proceeding was registered as Case No. 287, which was decided on 18/10/2004 by Tehsildar (Judicial) Karvi, District Chitrakoot and the claim of respondent No. 5Devratiya was rejected. Against order dated 18.10. 2004, appeal has been filed on behalf of respondent No. 5Devratiya, which was registered as Appeal No. 15 of 2004, SubDivisional Officer, vide order 5/5/2005 dismissed the appeal. Against the order dtd. 5/5/2005, review application filed by respondent No. 5Devratiya was allowed vide order dtd. 27/6/2005 and the appeal was heard as well as allowed vide subsequent order dtd. 27/6/2005 directing to record the name of respondent No. 5Devratiya in place of deceased Surajpal. Petitioners challenged the order dtd. 27/6/2005 by way of Revision under Sec. 219 of U.P. Land Revenue Act, which was registered as revision No. 76/38 of 200506. The aforementioned revision was heard by Additional Commissioner (Administration) Chitrakoot Dham Mandal, Banda and vide order dtd. 4/6/2007, appellate order dtd. 27/6/2005 was set aside and earlier order dtd. 5/5/2005 was maintained. Against the order dtd. 4/6/2007 revision was filed on behalf of respondent No. 5/Devratiya before the Board of Revenue, which was registered as Revision N0. 2548/LR/200607 and Board of Revenue vide order dtd. 10/1/2012 directed to record the name of respondent No. 5/Devratiya on the basis of succession in place of deceased Surajpal, hence this petition for following relief:-

(3.) In pursuance of the order dtd. 1/3/2012 short counter affidavit has been filed on behalf of respondent No. 5/1Gora son of Devratiya.