LOKPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit filed is taken on record.

(2.) Briefly stated the facts giving rise to this petition are that on the basis of a will deed dated 16.9.1986, the petitioner moved an application under Sec. 34 of the U.P. Land Revenue Act, which was rejected by the Naib Tehsildar vide order dated 110.199 Against the said order, the petitioner preferred an appeal being appeal no. 8 of 1992-93 which was initially dismissed in default, subsequently on the petitioner's application, it was restored to its original number and was ultimately allowed by the Sub Divisional Officer, Patiyali, district Etah for mutation of the petitioner's name vide order dated 14.1994 appended as annexure- 2 to the writ petition.

(3.) Thereafter, an application for recalling the aforesaid order dated 14.2.1994 was moved by Smt. Ketuka and the same was rejected on 16.6.1994. Smt. Ketuka then preferred a revision against the order dated 16.6.1994 and the said revision was decided on the basis of a compromise entered between the petitioner and Smt. Ketuka vide order dated 17.11.1997. An application for recalling the order was moved by contesting respondent no. 4-Smt. Premwati Devi on the ground that during her life time, Smt. Ketuka had executed a registered sale deed in her favour on 2.8.1994 and that she was not a party to the above compromise. Her application was previously rejected for want of prosecution and later the said order was recalled on her application by the Additional Commissioner vide order dated 19.4.2009 restoring the revision to its original number. Ultimately, the revision was allowed by the Additional Commissioner vide order dated 18.2014 and the matter was remitted to the Sub Divisional Officer concerned for decision afresh after hearing the contesting respondent. Against the said order, the petitioner preferred revision which too was dismissed by the Board of Revenue vide order dated 19.2018. These two orders i.e. 18.2014 and 19.2018 are impugned in the present writ petition.