ANIL KUMAR, J. - (1.) HEARD Sri U.S. Sahai, learned counsel for petitioner, learned State counsel and perused the record.
(2.) BY means of the present writ petition, the petitioner has challenged the the order dated 19.05.1988 and order dated 10.01.2005 passed by O.P. Nos. 1 and 2 respectively.
(3.) FACTS in brief of the present case are that a chak No. 45, 9 and 10 situated at village Banjaria, Pargana and District Gonda is recorded in the name of Brahm Dutt S/o Girja Dutt in the revenue record who died on 27.07.1989. After the death of Sri Brahm Dutta, Shiva Nand S/o Aditya moved an application before the Consolidation Officer on the ground that in view of the will executed by late Brahm Dutt, the land which belongs to him shall be recorded/mutated in his name, accordingly, a Case No. 121 under Section 12 of the U.P. C.H. Act has been initiated before the Consolidation Officer. By an order dated 15.04.1985, the grievance as raised by Shiva Nand has been accepted and in the said matter he has been declared as the legal heir of the deceased/ Brahm Dutt. In addition to the abovesaid facts, in an another litigation in Case No. 151/326 filed by Kripa Ram S/o Girja Dutt that Brahm Dutt has died issue -less and he is being cousin brother of the Brahm Dutta is the only heir, succeeded by him and his name may be recorded in the revenue record. In this regard, an order dated 17.11.1980 has been passed by the competent authority, deleted the name of Brahm Dutta and directing that the name of Kripa Ram S/o Girja Dutt may be recorded in the revenue record.;