- (1.) Heard Sri Madan Mohan, learned Counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Ashish Kumar Srivastava, learned Counsel for the Gaon Sabha. This writ petition has been filed for issuing a writ of certiorari quashing the orders dated 28.2.2014 passed by the learned Member Board of Revenue in Revision No. 30/06 (Bachchoo Singh and Pappu alias Vijay Singh v. Fateh Singh and others) by which the revision has been allowed by setting aside the order dated 30.8.2006 and maintaining the earlier orders dated 6.7.2005 passed by the Naib Tehsildar and the order dated 21.4.2006 passed in appeal by the Sub-Divisional Officer.
(2.) The facts giving rise to this case are that the petitioner has purchased a piece of land from one Saba through registered sale-deed on 8.6.1990. On the basis of registered sale-deed, the petitioner has filed mutation application before the Naib Tehsildar, which was numbered as Case No. 161/91-92 (Fateh Singh v. Saba). The said case was dismissed on 9.1.1991 holding the sale-deed to be forged. It is thereafter the petitioner has filed another mutation application, which was allowed ex-parte on 30.10.1992. Seeking recall of this order, an application was filed by Sri Bachchoo Singh son of Saba stating that when his father had died, at that time, he was minor and after coming to know about the mutation order dated 30.10.1992, he immediately filed an application seeking recall of the earlier order, on 1.1.2005. To this application an objection was filed by the other side stating therein that recall application was barred by time and also not maintainable. The Naib Tehsildar, after hearing the parties, had allowed the recall application on 6.7.2005 and recalled the order dated 30.10.1992.
(3.) Against the aforesaid order dated 6.7.2005 passed by the Naib Tehsildar, the petitioner, herein, has filed appeal before the Sub-Divisional Officer, which was numbered as Case No. 25/2004-05 (Fateh Singh v. Bachchoo Singh and another). The appeal was dismissed by the Sub-Divisional Officer on 21.4.2006.;