S.U. Khan, J. - (1.) HEARD learned Counsel for the Petitioner.
(2.) NO one appeared on behalf of contesting Respondent. This writ petition arises out of mutation proceedings in respect of agricultural land in dispute. Through this writ petition orders dated 30.01.1993 passed by Additional Tehsildar Bansedeeh, District Ballia, Annexure 3 to the writ petition, order dated 17.06.1995 passed by S.D.M. Sikandarpur, District Ballia, Annexure 5 to the writ petition, orders dated 26.12.1997 and 30.05.1998 Annexures 6 and 7 passed by Additional Commissioner, Azamgarh, Division Azamgarh have been challenged. The last order challenged through this writ petition contained in Annexure 7 dated 30.05.1998 was passed on the recall application of the Petitioner which he had filed for recall of order dated 26.12.1997. Through order dated 30.05.1998 recall application was dismissed. All these orders were passed on mutation application filed by Respondent No. 6. Annexure 6 order dated 26.12.1997 was passed in Gayitri Devi v. Lal Bachan and Ors. Revision No. 88/1992 -B of 1995 The said revision was directed against orders dated 09.10.1987, 30.01.1993 and 17.06.1995 passed by authorities below.
(3.) SMT . Meena kumari Respondent No. 6 in this writ petition had purchased agricultural land in dispute on 27.01.1983 which consisted of half share in pot No. 9 Ka total area 0.954 acres. The purchased area was 0.47 acres. Thereafter, she filed mutation application which was allowed by the orders challenged through this writ petition. In the order dated 26.12.1997, Annexure 6, it is mentioned that for cancellation of the sale deed dated 27.01.1993 Civil suit had been filed before Munsif, which was decreed appeal filed was initially dismissed by the District Judge but the said order had been recalled and the said appeal was pending. Earlier the appeal had been dismissed on the ground that Smt. Meena Kumari, the Appellant had applied for withdrawal of the appeal on 19.03.1990. However, the said order was recalled on 25.04.1991 and appeal was restored. Against order dated 25.04.1991 Petitioner filed writ petition in this Court being writ petition No. 19661 of 1991. In the said writ petition on 22.07.1991 stay order was granted staying the operation of order dated 25.04.1991, copy of the said stay order is Annexure 4 to the writ petition. Annexure 4 does not contain number of the writ petition as at that time numbers were allotted to the writ petitions after one or two days of direct filing in Court. Later on the said writ petition was numbered as 19661 of 1991. The file of the said writ petition has been summoned from the office. The said writ petition was dismissed on 05.07.1999. After dismissal of writ petition No. 19661 of 1991 through order dated 05.07.1999 the appeal was heard by A.D.J Court No. VI Ith, Ballia, and was dismissed on merit on 19.12.2002. Photo stat copy of the certified copy of the said judgment was supplied by the learned Counsel for the Petitioner on the date on which argument were heard and judgment was reserved in this writ petition. The said appeal was directed against judgment and decree dated 07.09.1988 passed by Munsif in Gayitri Devi v. Meena Kumari O.S. No. 463 of 1983 cancelling the sale deed dated 27.01.1983. On 18.11.2010 date on which arguments were heard learned Counsel for the Petitioner also supplied photo stat copy of certified copy of order dated 01.04.2005 passed by this Court in Meena Kumari v. Gayitri Devi Second appeal No. 305 of 2003 dismissing the same in default. The said second appeal was directed against judgment and decree of lower appellate court dated 19.12.2002 passed by Special/Additional D.J. (VII) Ballia in Civil appeal No. 196 of 1988 arising out of O.S. No. 463 of 1983.;