S.K. Singh, J. - (1.) By means of this writ petition petitioner has challenged the order of the Board of Revenue dated 24.8.1990 by which order dated 30.8.1976 passed by the Board of Revenue on the substitution application has been set aside.
(2.) Heard learned Counsel for the petitioner and learned Counsel who appeared for the private respondent.
(3.) There is no dispute about certain facts and therefore on brief narration matter can be decided. Proceedings as started before the first Court was under section 134 of U.P.Z.A. and L.R. Act i.e. for grant of Bhumidhari Sanad. Proceedings was started at the instance of one Ramdeo. When the matter proceeded Isradevi intervened and at her instance appeal was allowed by the Additional Commissioner upon which Prithvipal filed revision before the Board of Revenue. During pendency of the revision it was claimed that Isradevi died. Substitution application was also filed on the ground that Ajab Singh petitioner is the heir of the deceased Isradevi. That was allowed as Prithvipal did not object. Thereafter, Board of Revenue on 24.11.1976 dismissed the revision itself. It is thereafter an application was moved by Isradevi (about her existence there is dispute) on the ground that she is alive and by placing wrong fact petitioner Ajab Singh got himself substituted. Application filed by Isradevi was converted in review petition and that has bee allowed by order dated 24.8.1990 and the order dated 30.8.1986 passed on the substitution application was set aside and thus this writ petition.;