- (1.) HEARD Sri Arun Kumar, learned counsel for the petitioner, learned State Counsel as well as Sri Angrej Nath Shukla, learned counsel for contesting respondents and perused the record.
(2.) THE factual matrix involved in the present case is that one Sri Shitla Prasad was recorded as owner and Bhumidhar of Khasra/Gata No. 304/2.314 hactare and land Gata no. 330/0.032 hactare situated at village Balwa Bahuta, police-station Itia Thok, District Gonda in the revenue record. After death of Sri Shitla Prasad, Smt. Gaya Devi moved an application for mutation of the land in question in her name on the ground that in her favour a registered Will deed has been executed by the deceased. In the said proceedings, petitioner has set up the case that the land in question should be recorded in his name by way of succession. The trial court by an order dated 11.3.2002 allowed the mutation in favour of the Gaya Devi by virtue of will deed. Aggrieved by the said fact, petitioner filed an appeal before the Sub Division Magistrate, Sadar, Gonda under Section 210 of the Land Revenue Act ( Ashok Kumar Vs. Gaya Devi and others), dismissed by order dated 12.12.2006. The said order has been challenged by the present petitioner by way of revision (Revision No. 674, Ashok Kumar Vs. Smt. Gaya Devi and others) , allowed by order dated 25.10.2008.
(3.) ACCORDINGLY , Smt. Gaya Devi filed a revision ( Revision No. 501(LR) 2008-09, Gaya Devi Vs.Ahok Kumar) before Board of Revenue , Lucknow, dismissed by order dated 19.9.2009. Thereafter, a review application was moved on behalf of Smt. Gaya Devi registered as Restoration No.407(LR)/2009-10 ( Smt. Gaya Devi Vs. Ashok Kumar) in which an order dated 29.11.2010 ( Annexure no.5) has been passed by the Board of Revenue thereby allowing the restoration application and setting aside the order dated 19.9.2009 passed by the court below. Aggrieved by the said facts, the petitioner filed Writ Petition No.5823 (M/S) of 2011 (Ashok Kumar Vs. Chairman Board of Revenue Lucknow and others), allowed with the following directions:- "The matter is remand back to the Board of Revenue to reconsider the matter of recall/restoration of the order passed in Revision No. 501(LR)/200809 and pass a fresh order after giving opportunity of hearing to the parties concerned, expeditiously in accordance with law." ;