JAI NARAIN OJHA Vs. GAUD SHSNKAR

JUDGEMENT

(1.) R. D. Shukla, J. This writ petition has been filed for a writ of certiorari praying for quashing of judgment and order dated 28-2-1998 in Annexure-10 to the writ petition passed by Additional Commissioner Allahabad.

(2.) THE aforesaid order passed by the Additional Commissioner set aside the order dated 6-10-1997, passed by the Assis tant Collector, Patti which was passed in ap pellate jurisdiction under Land Revenue Act and it set aside the order passed by the Tehsildar. THEse orders related to mutation proceedings on the basis of Will allegedly executed in favour of one of the parties before the Additional Commissioner. THE genuineness of the Will had been con tested in the mutation proceedings before these revenue authorities. THE order of the Additional Commissioner upheld the Will dated 20th January, 1978 executed by one Ram Avadh in favour of Gauri Shankar and Surya Narain. It is not in dispute be tween the parties that decision given by the Land Revenue Authorities in mutation proceedings can be challenged in a regular suit. THE decision given by the competent Court in such a suit when it becomes final shall be binding on the parties.

(3.) EARLIER the revisional power with reference to mutation proceedings vested with Board of Revenue and its exercise depended upon the reference made by the Commissioner. Now this revisional power of Board of Revenue has been given under Section 219 of U. P. Land Revenue Act to the Commissioner.