- (1.) Heard Mr. Vinay Kumar Mishra, learned Counsel for the petitioner as well as learned Standing Counsel. The petitioner is aggrieved with the order dated 27.11.2009 passed by opposite party No. 1 i.e., Board of Revenue as also the order dated 25.8.2009 passed by opposite party No. 2 i.e., Sub Divisional Magistrate, Gola, District Kheri, whereby the matter has been remitted to the Court below to decide the same on merit after providing opportunity of hearing to the parties concerned.
(2.) Learned Counsel for the petitioner submits that Niab Tehsildar, Bhoor Tehsil Gola, District Kheri passed the order on 26.2.2002 in favour of the petitioner to record the name the petitioner in the revenue records. At that time she was given proper opportunity of hearing.
(3.) However, upon perusal of the order passed by the Niab Tehsildar, it appears that during the course of proceeding Lallooram, the husband of opposite party No. 3 (Smt. Ram Guni) died. Thereafter the case was kept abated as nobody came forward to raise objection against the abatement. Accordingly, the Court below proceeded to decide the case on merit also after considering the application moved by opposite party No. 3 that she being widow of Mr. Lallooram as legal heir, is entitled for proper opportunity of hearing which has been provided by the opposite party No. 2 as well as opposite party No. 1. Therefore, I do not find error in the order impugned. The writ petition is dismissed.;