Anil Kumar, J. - (1.) HEARD Shri R.S. Somvanshi, learned Counsel for the petitioner, learned State Counsel appearing on behalf of opposite party Nos. 1 to 3, Shri Kunwar R.P. Singh, learned Counsel appearing on behalf of opposite party No. 6 and perused the record. As per undisputed facts of the case, Smt. Raghuree W/o Sri Mathura was recorded tenure holder of the land in question. As she has no male child except two daughters, one Smt. Gilla (mother of the petitioner) and another Smt. Dulari (opposite party No. 6). As the petitioner's mother/Smt. Gilla was living with Smt. Raghuri and taking care till her death, so Smt. Raghuri executed a Will deed dated 11.10.1991 in her favour.
(2.) ON 23.7.1993, Smt. Raghuri died and Smt. Gilla/mother of the petitioner moved an application under section 34 of the L.R. Act for mutating her name, rejected by order dated 22.11.2001, challenged by Smt. Gilla by filing an appeal under section 210 of U.P.L.R. Act before the Sub -Divisional Magistrate, Buxi Ka Talab, Lucknow, rejected by order dated 7.4.2004. The order dated 7.4.2004 has been challenged by filing a revision before the Commissioner Lucknow Division, Lucknow, allowed by order dated 30.7.2005 and the matter was remanded back to Naib Tehsildar, Buxi Ka Talab, Lucknow. Thereafter, in the matter in issue, a report dated 25.5.2006 has been submitted by the opposite party No. 6. Keeping in view the above said facts, opposite party No. 3/Assistant Collector, First Class, Buxi Ka Talab, Lucknow by order dated 1.11.2006 initiated a proceeding under section 166/167 of U.P.Z.A. & L.R. Act against the petitioner and also held that Smt. Raghuri was Bhumidhar with non transferable right, hence, the Will executed by her had no legal sanctity and validity, remanded back to the opposite party No. 5 to take fresh decision.
(3.) AGGRIEVED by the said order, the petitioner filed an appeal under section 331 of U.P. Z. A. & L.R. Act before the Commissioner, Lucknow Division, Lucknow, rejected by order dated 22.2.2007, challenged by filing a revision before the Board of Revenue, dismissed by order dated 5.6.2008.;