DURGAWATI AND OTHERS Vs. VEERENDRA KUMAR UPADHYAY

JUDGEMENT

(1.) Heard on I.A.No.15146/2018, which is an application for condonation of delay. There is delay of 2 days in filing the present intra court appeal .

(2.) It is stated in the writ petition that the writ petitioner purchased the part area of 0.05 acres of land of Survey No.55, situated at village Dhoti, Tehsil Singrauli, District Singrauli from one Smt. Mitthu Soni in the year 1987. A civil suit was filed by Mitthu Soni against the writ petitioner and one Lalji Ram in the court of Civil Judge Class-II Baidhan, District Sidhi. The said suit was decided and a judgment and decree was passed on 07-01-1993 on the basis of compromise arrived at between the parties, in which the writ petitioner was declared owner of the land. Thereafter, an application under Section 109/110 of Land Revenue Code for mutation of the land was filed before the Tehsildar of Tehsil Singrauli, District Sidhi, who passed the order of mutation in favour of the writ petitioner by order dated 19-06-2007.

(3.) Being aggrieved by the order of mutation, the appellants filed an appeal before the Sub Divisional Officer Baidhan, District Singrauli, who remanded the case to Tehsildar Singrauli to pass a fresh order. The said order was challenged in appeal before the Commissioner, Rewa Division, Rewa, who set aside the order of the Sub Divisional Officer by order dated 27-04-2015. The order of Additional Commissioner, Rewa was challenged before the Board of Revenue and by the impugned order dated 11-01-2018, the Board of Revenue has allowed the appeal and set aside the order of the Additional Commissioner. The said order was challenged by the respondent Veerendra Kumar Upadhyay in the writ petition and by the impugned order the writ petition has been allowed and the order passed by the Board of Revenue has been set aside.