RAM KRISHNA Vs. BOARD OF REVENUE THROUGH CHAIRMAN AND OTHERS
LAWS(ALL)-2010-5-415
HIGH COURT OF ALLAHABAD
Decided on May 12,2010

RAM KRISHNA Appellant
VERSUS
Board Of Revenue Through Chairman And Others Respondents

JUDGEMENT

Yogendra Kumar Sangal, J. - (1.) This writ petition has been filed by the petitioner for quashing the orders dated 07.02.2006, 30.05.2005, 11.04.2005, 13.01.2003 and 22.09.1999 passed by the opposite part nos. 1,2,3 & 4. Copies annexed to the writ petition as Annexure nos. 10,9,8,7 & 4 respectively.
(2.) Heard learned counsel for the petitioner, learned Standing Counsel for respondent No. 1 to 5 and also counsel for the respondent No. 6 to 8 and perused the record.
(3.) Ram Krishna, petitioner and his brother Radha Kishan admittedly were recorded tenure holder of the land in dispute. Radha Kishan died on 08.11.1996. In his place name of his wife Smt. Ram Nandini was recorded as his widow. She also died. On the basis of entry Pa-Ka 11, entry of name of Ram Krishna said to has been made in her place showing that he is real brother of Radha Kishan and Radha Kishan had no mail issue. On the basis of Will of Ram Nandini her daughter Smt. Aruna, respondent no. 6 get recorded her name in the revenue record. Application was moved by Smt. Aruna to restore the case of mutation in which name of Ram Kirshna was mutated in place of Ram Nandini but the same was dismissed. Challenging the order of Tehsildar rejecting the application, respondent no. 6 Smt. Aruna filed an Appeal which was registered as Appeal No. 10 of 2002. On the other hand Ram Krishna had also filed an Appeal against the order of Mutating the name of Smt. Aruna which was registered as Appeal No. 15 of 2002. Both the appeals were heard . Appeal of the petitioner was allowed and he set aside the mutation order in favour of Smt. Aruna and matter was remanded to the trial court for providing opportunity of hearing to the parties and decide the case on merit. The appeal filed by Smt. Aruna was also allowed and the case was remanded to the trial court. Against both these orders in appeal, both the parties filed Revision before The Commissioner and they were registered as Revision No. 417 of 2002 and 217 of 2002. Revision Petition of Smt. Aruna was decided on 11.04.2005 and order of the appellate court was quashed and affirmed the order of Tehsildar dated 22.09.1999 and name of Smt. Aruna on the basis of Will was maintained in the revenue record. Revision filed on behalf of Ram Krishna was decided in the light of the order passed by the Deputy Director of Consolidation in Revision No. 417 of 2002 filed by Smt. Aruna. Both the orders were challenged by the petitioner before the Board of Revenue but both were dismissed vide order dated 07.02.2006 by the Board of Revenue. Now this writ petition has been filed by the petitioner Ram Kishan challenging the orders passed against him by the courts below.;


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