AWADHESH SINGH Vs. ADDL. COMMISSIONER & OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for a writ of certiorari to be issued for quashing the order dated 23.9.1994 and 3.3.2000 passed by Naib Tahsildar and the order dated 21.1.2001 passed by Additional SubDivisional Magistrate, Basti and the order dated 20.1.2005 passed by the Additional Commissioner, Administration, Basti.

(2.) The case of the petitioner as argued by his counsel is that the father of the petitioner Ram Komal Singh died on 20.12.1985, leaving behind the petitioner as his only son and six daughters. Respondent no. 5, Smt. Asha Devi, is one of the married daughters. The name of the petitioner was mutated in the revenue records over other properties situated in district Gorakhpur. The land in dispute is situated in district Basti, namely, Gata No. 21, Khata No. 58 measuring 8 Biswas, 5 Biswansis and 8 Dhoor. The respondent no.5 (Smt. Asha Devi) wife of Sri Kedar Nath Singh filed a mutation application before the Court of Naib Tahsildar, Kaptanganj (Harraiya), District Basti on 26.7.1994 on the basis of a forged and concocted Will dated 24.1.1994. This mutation application was allowed without serving notice on the petitioner on 23.9.1994. An application for recall of the order dated 23.09.1994 was moved by the petitioner on the ground that he had no notice of such application being moved. His father had not written any Will in favour of his sister and since his father died on 20.12.1985, the Will could not have been executed on 24.1.1994.

(3.) This recall application was rejected on 3.3.2000, against which order passed by the Naib Tahsildar, Gaur (Harraiya) district Basti, the petitioner preferred an Appeal No. 38 of 2001 (Awadhesh Singh Vs. Asha Singh) under Section 210 of the U.P. Land Revenue Act before the SubDivisional Magistrate, Basti. This appeal was dismissed on 21.8.2001, against which the petitioner filed a revision under Section 219. The Additional Commissioner (Administration), Basti erroneously dismissed the aforesaid revision by order dated 20.1.2005.