SHAILENDRA KUMAR AND ORS. Vs. BOARD OF REVENUE U.P. LUCKNOW AND ORS.
LAWS(ALL)-2010-5-412
HIGH COURT OF ALLAHABAD
Decided on May 10,2010

Shailendra Kumar And Ors. Appellant
VERSUS
Board Of Revenue U.P. Lucknow And Ors. Respondents

JUDGEMENT

Yogendra Kumar Sangal, J. - (1.) This writ petition has been filed by the petitioners for quashing the judgement and order dated 12.10.2009 passed by the opposite party no. 1/Board of Revenue and another order dated 26.05.2004 passed by the respondent no. 2, Tehsildar. Copy of the same are annexed as Annexure Nos. 1 & 2 respectively.
(2.) Heard learned counsel for the petitioners, learned Standing Counsel for the respondent nos. 1 & 2 and perused the record.
(3.) Showing one Smt. Chhedana wife of Awadhram as deceased on the basis of her Will said to has been executed on 19.10.1981, petitioners' predecessor Vanshraj moved an application to mutate his name . It was allowed by the Tehsildar vide order dated 11.03.1982. After a lapse of 21 years Chhedana moved an application to recall the order dated 11.03.1982 showing that wrongly she had been shown dead and on the basis of forged Will, Vanshraj get mutated his name in the revenue record. Relying on the case of Smt. Chhedana, the earlier order passed on 11.03.1982 was recalled by the respondent no. 2 vide order dated 30.06.2003. Challenging the legality, validity and propriety of this order dated 30.06.2003, a revison was filed by Vanshraj before the Revisional Court /Board of Revenue. This Revision was allowed and case was remanded to the court of Tehsildar. After this remand order, opposite party no. 2 again decided the matter and rejected the mutation application of Vanshraj and ordered for expunging his name from the revenue record. Feeling aggrieved by this order, a Revision was again filed by Vanshraj but this Revision was dismissed vide order dated 12.10.2009. Aggrieved by the orders, this writ petition has been filed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.