SANGEETA CHANDRA,J. - (1.) Heard the learned counsel for the parties and perused the record.
(2.) This petition has been filed by the petitioners challenging the order dated 30.10.2019 passed by the opposite party no.1-Board of Revenue, U.P., Lucknow and also praying for a direction to be issued to the opposite parties to maintain status-quo and not alienate the property in question i.e. Khata Nos.1484 and 1645 situated at Village Keshav Nagar Paschim., Pargana, Budhapayar, Tehsil Mankapur, District Gonda.
(3.) Learned counsel for the petitioners Shri Indrajeet Shukla, has placed the brief facts related to the controversy for its better appreciation. It has been submitted that a dispute relating to Khata Nos.1484 and 1645 situated Village Keshav Nagar Paschim., Pargana Budhapayar, Tehsil Mankapur, District Gonda arose. Smt. Lakpati widow of Ram Keval, was the undisputed recorded tenure holder of the land in question and after her death on 14.06.1992 by virtue of PA-11 entry the names of Ram Ratan and Ram Milan were recorded as legal heirs in the Revenue records. A Mutation proceedings by way of application was initiated by the opposite party no.3 Adhari wife of Ram Sughar as a result whereof an order dated 24.08.1994 was passed by the Naib Tehsildar without providing any opportunity of hearing to the recorded tenure holders Ram Ratan and Ram Milan. Since the recorded tenure holders Ram Ratan and Ram Milan were not provided any opportunity of hearing, they moved a restoration application seeking Recall of the order dated 24.08.1994. During the pendency of the restoration application, they died and the legal heirs were substituted by an order dated 02.12.2011. The restoration application was allowed setting aside the order dated 24.08.1994 and the next date fixed was 23.12.2011. On 23.12.2011, a general date was fixed for 20.07.2012 and on 20.07.2012, again a general date was fixed for 24.08.2012. On 08.08.2012 an order deciding the mutation proceedings was passed by the Naib Tehsildar, Babhanipayar, Tehsil Mankapur, District Gonda, on the basis of some spot inspection carried out on an application made by the opposite party no.3 on 26.06.2012. Neither the spot inspection was carried out in presence of the petitioners nor the date earlier fixed as 24.08.2012 was pre-poned and notice issued for the date to be fixed as 08.08.2012. A copy of the Spot Inspection and Enquiry report was never provided to the predecessor in the interest of the petitioners. In fact, the order dated 08.08.2012 was passed by the opposite party no.2 in favour of the opposite party no.3 in a fraudulent manner.;