RAMCHANDRA Vs. SHYONARAYAN ADOPTED SON SHYOCHANDRA

JUDGEMENT

(1.) In both these appeals common question of law and facts are involved hence they are decided by this common order.

(2.) By way of these appeals, the appellant has assailed the judgment and order of the learned Single Judge whereby learned Single Judge has dismissed the writ petition preferred by the petitioner-appellant herein and confirmed the order of the Board of Revenue which has reversed the finding arrived at by Additional Divisional Commissioner.

(3.) The case has a chequered history in a way that initially land in dispute was mutated in the name of the non-petitionerShyonarayan based on an affidavit showing him to be adopted son of Shyochanda. The petitioners maintained an appeal to challenge the mutation. The appeal was supported by an application for condonation of delay. The Additional Collector allowed the appeal in favour of the petitioners without passing an order on the application for condonation of delay. The Additional Collector-II had remanded the case to the Tehsildar for passing a fresh order after hearing both the parties. The non-petitioner herein challenged the order of Additional Collector-II by maintaining an appeal and thereupon revision petition before the Board of Revenue. While, the revision petition was pending, the Tehsildar passed an order in favour of the petitioners in view of remand of the case by the Additional Collector-II. The non-petitioner challenged the order of Tehsildar by maintaining an appeal, however, it was dismissed. The non-petitioner then challenged the order by maintaining second appeal before the Board of Revenue. The Board of Revenue clubbed the revision petition and the second appeal and decided it by a common order. It was found that no order on the application for condonation of delay was passed by the Additional Collector-II thus matter needs to be remanded back to the Additional Collector-II to hear and pass a fresh order. In view of that, all the orders passed after remand of the case by the Additional Collector-II were also set aside.