- (1.) Heard learned Counsel for the Petitioners and learned standing counsel and perused the record.
(2.) Through this writ petition the Petitioners have assailed the judgments passed by the Board of Revenue on 4.1.2010, by the Additional Commissioner on 9.11.1994 and by the Additional Tehsildar, Tehsil Kaiserganj, Now Mahsi, District Baharaich.
(3.) It emerges from the record that the Petitioners are nephews, i.e., brother's son of Late Sri Kant Singh in respect of whose land the dispute has arisen. Late Sri Kant Singh had died on 15.11.1985 leaving behind his wife Raghuraji alias Dharma and a married daughter Durgawati. During mutation proceedings before the concerned Additional Tehsildar objections were raised by the Petitioners staking their claim in the agricultural land left behind by their Uncle Lt. Sri Kant Singh. The Additional Tehsildar had taken note of the versions of the contesting parties, applying the line of succession as given in Section 171 of U. P. Zamindari Abolition and Land Reforms Act. He has ordered the mutation in favour of Smt. Raghuraji alias Dharma wife of Sri Kant Singh. The order was passed by the Additional Tehsildar, Kaiserganj, Now Mahsi, District Baharaich on 16.11.1988. It was challenged by the Petitioners by filing an appeal before the Sub-Divisional Officer, appellate authority. This appeal was allowed on 5.10.1989. Being aggrieved by the order of the appellate authority Smt. Raghuraji alias Dharma, wife of Late Sri Kant Singh preferred a revision under Section 210 of Land Revenue Act before the Additional Commissioner (Judicial) Faizabad. The revision was dealt with, reference was made to the Board of Revenue with the recommendation that the revision be allowed and the appellate court's order dated 5.10.1989 be set aside. Accordingly the matter was dealt with by the Board of Revenue. It has affirmed the findings recorded by the Additional Tehsildar in his order dated 16.11.1988.;