Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Durvijay Singh, for the petitioner and Sri Mohammad Khalid, for respondent -4. The writ petition has been filed against the orders of Additional Commissioner dated 18.10.2007, allowing the revision of respondent -4 and setting aside the order of Sub -Divisional Officer dated 7.6.2004 and Board of Revenue, U.P. dated 21.1.2015, dismissing the revision of the petitioner, arising out of proceeding under U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act).
(2.) THE dispute between the parties relates to mutation of the name of Mohammad Yunus (respondent -4) on plots 137 (area 0.227 hectare) and 169 (area 0.142 hectare) of village Hasanpur, pargana and district Mainpuri as. co -sharer of 1/8 share. It may be mentioned that land in dispute was previously holdings of Ram Swarup son of Parasuram of village Paithan Khurd Buzurg, pargana Shamshabad Paschim, tahsil Kaimganj, district Farrukhabad, who died on 30.10.1989. Sharda Devi (respondent -3) filed an application (registered as Case No. 199/464),,under section 34 of the Act, for mutation of her name, over the land of Ram Swarup of village Hasanpur, on the basis of an unregistered will dated 30.7.1989, allegedly executed by Ram Swarup in her favour. Tahsildar by order dated 13.7.1990, directed for mutation of the name of Sharda Devi, over.the land in dispute, including other land of Ram Swarup.
(3.) BANKEY Lal and Mangu Ram filed an application for recall of the order dated 13.7.1990, before Tahsildar. Tahsildar by order dated 31.10.1990, recalled the order dated 13.7.1990. Thereafter, by order dated 15.12.1990 dismissed the mutation application of Sharda Devi. Sharda Devi (respondent -3) filed an appeal from the aforesaid order dated 15.12.1990, which was allowed of by Additional Collector by order dated 30.9.1991, on the ground that Tahsildar has to decide as to who was heir of Ram Swarup but he had illegally not decided this issue. Therefore the matter was remanded to Tahsildar to decide the issue as to who was heir of Ram Swarup. Sharda Devi filed a revision (registered as Revision No. 12 of 1991 -92) against aforesaid order. Additional Commissioner, by order dated 28.9.1993 dismissed the revision. The.. matter is still pending before Tahsildar.;