- (1.) This petition has been filed challenging the order dated 24.09.2019 passed by the Board of Revenue, U.P., Lucknow on Restoration Application No.RES/1567/2019, filed by the petitioner praying for recall of order dated 14.11.2017 passed in Revision No.2580 of 2016:Ved Prakash Singh and others Vs. Jamuna Prasad Singh, and also prayed for quashing of the order dated 14.11.2017 passed by the Board of Revenue in the said Revision.
(2.) It has been submitted by learned counsel for the petitioner that during the course of mutation proceedings, he had approached this Court by filing Writ Petition No.3212 (M/S) of 2015: Yamuna Prasad Singh Vs. Additional Commissioner (Administration) Faizabad Mandal and others, challenging the order passed by the Additional Commissioner dated 03.01.2015 by which the Revision of the petitioner has been dismissed and the record had been remitted to the Tehsildar for passing appropriate orders in mutation proceedings.
(3.) This Court had observed that the dispute related to the inheritance of the property of one Nand Kishore. Shakuntala Devi was claiming to be the daughter of Nand Kishore and also the registered Will deed has been made out in her favour. Whereas the petitioner, who was the nephew of Nand Kishore was claiming the property on the basis of an unregistered Will dated 30.12.1992. The Tehsildar had directed the mutation of the name of Shakuntala Devi has heir of Nand Kishore and the mutation application filed by the petitioner was dismissed. The petitioner filed an Appeal and thereafter the Revision, which was also dismissed. The petitioner also filed a Suit under Section 229-B of the U.P. Z.A. and L.R. Act on 10.10.2005, which it is admitted is still pending before the Sub-Divisional Officer. In the meantime, Smt. Shakuntala Devi on the basis of orders passed in mutation proceedings had sold out the property in question and the transferees have filed the application for mutation of their names.;