- (1.) Heard the counsel for the parties.
(2.) The facts of the case are that petitioner no.1 i.e. Jagdish Prasad filed an application for mutation praying that he, along with Bahadur and Bhudhoo i.e. the predecessor of petitioner nos. 2 to 4, be recorded as tenure holder of Plot Nos. 91 and 92 after deleting the name of Sita Ram, Chedi Lal and Jag Lal i.e. respondent no.4 and the predecessors of respondent nos. 5 to 7.
(3.) On the aforesaid application of petitioner no.1, Case No. 168 under Section 34 of the U.P Land Revenue Act, 1901 was registered before the Tahsildar, Chunar. The claim of the petitioner no. 1 was based on some family settlement dated 14.6.1986 allegedly entered into between the parties. The Tahsildar, Chunar vide his order dated 16.1.1987 allowed the application filed by petitioner no.1 and directed that the petitioner no. 1 along with Bhudhoo and Bahadur i.e. the predecessor of petitioner nos. 2 to 4 be recorded as tenure holder of the disputed plots after expunging the name of respondent no.4 and the predecessor of respondent nos.5 to 7 from the revenue records. The order dated 16.1.1987 was passed on the ground that respondent no. 4 and the predecessors of respondent nos. 5 to 7 had themselves filed an application dated 7.1.1987 admitting the case of the petitioners and Sita Ram had also admitted the case of the petitioners in his oral testimony given before the Tahsildar. Subsequently, the respondent no. 4 and predecessors of respondent nos. 5 to 7 filed an application dated 10.3.1993 for recall of the order dated 16.1.1987. The Tahsildar vide his order dated 13.12.1999 allowed the said application and recalled his order dated 16.1.1987. The said order has been affirmed by the Board of Revenue vide its order dated 17.6.2011 passed in Revision No.32 LR/99-2000 filed by the petitioners and the review application filed by the petitioners has been dismissed by the Board of Revenue vide its order dated 18.8.2011. The orders dated 13.12.1999, 17.6.2011 and 18.8.2011 have been challenged in the present writ petition.;