SHIV SINGH Vs. BOARD OF REVENUE UTTAR PARDESH

JUDGEMENT

(1.) Heard.

(2.) This is a writ petition under Art. 226 of the Constitution of India challenging the order of the S.D.M. Mohammadi, District Kheri dated 11.04.1988 passed in Suit No. 229-B/209 of the U.P. Z.A. and L.R. Act and the appellate order dated 20.04.1993 passed by the Additional Commissioner (Judicial), Lucknow Division, Lucknow remanding the matter back to the Consolidation Officer for redetermination of rights in the light of the observations.

(3.) The facts of the case, in brief are that the petitioner herein initiated suit proceedings under Sec. 229-B of the U.P. Z.A. and L.R. Act, 1950, inter-alia, arraying the State Government and the Gram Sabha as defendants claiming that the original tenure holder of the land in question has died issue-less and he being his nephew, was the nearest surviving descendant entitled to succeed to his holding. Opposite party no. 2 to 4 herein who were private respondents, were also arrayed as defendants as they were claiming entitlement to the holding of Laltu, original tenure holder, on the basis of a Will deed which according to the petitioner-plaintiff was forged and fabricated.