BUDHANI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Arvind Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

(2.) The present petition has been filed challenging the order of respondent nos.2 and 3, dtd. 9/9/2025 and 10/6/2019, respectively, arising out of proceedings under Sec. 34 of the U.P. Revenue Code, 2006.

(3.) It is contended by the learned counsel for the petitioner that the land in dispute originally belongs to one Indu Bhushan Chaterjee son of Kumud Narayan Chaterjee. An application under Sec. 34 of the Code was moved by one Lakshmi Narayan, before the concerned Tehsildar, on the basis of will dtd. 13/11/1995, executed by one Sachna Devi, who is the transferee of the land in dispute by Indu Bhushan Chaterjee. The aforesaid application was allowed by the order of Tehsildar dtd. 10/6/2019. The said order was exparte against the petitioners, who have already filed suit for declaration of their right under Sec. 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950, on the basis of possession, since before the date of vesting, which is pending. Aggrieved by the order dtd. 10/6/2019, the petitioners filed a revision before the Board of Revenue, U.P. at Lucknow, the respondent no.2, which has been dismissed by the order dtd. 9/9/2025.