BHAGWANDEEN Vs. ADDL. COMMISSIONER JUDICIAL DIVISION LKO

JUDGEMENT

(1.) Heard.

(2.) This is a writ petition under Article 226 of the Constitution of India, challenging the order of the S.D.M, under Section 210 of the U.P. Land Revenue Act, 1901(hereinafter referred to as the 'Act'), as also the order of the Additional Commissioner (Judicial), passed under Section 219 of the said Act,1901 upturning the order of the Tehsildar passed under Section 34 of the Act, 1901 on the ground that while passing the mutation order dated 18.11.2014, the relevant prerequisites prescribed in law were not taken into consideration. Therefore, the SOC remanded the matter back to the Tehsildar for consideration afresh in the light of the observations made. Relevant extract of the judgement of the S.D.M. is as under: <IMG>JUDGEMENT_229_LAWS(ALL)3_2017.jpg</IMG>

(3.) On a bare perusal of the above quoted extract of the judgement, it is revealed that the land in question was alleged to have been sold by the original tenure holder in favour of the petitioner by a registered sale deed on 22.9.1988, but no mutation proceedings were initiated at his behest till 2006, when, for the first time he submitted a report as referred to in Section 34 of the Act, 1901. During the mutation proceedings, the respondents claimed to have already been recorded on the basis of a Will alleged to have been executed by the concerned tenure holder on 17.2.1991 in their favour, being his daughters.