Rajan Roy, J. - (1.) Short counter -affidavit filed on behalf of opposite party No. 3 is taken on record. The petitioner does not propose to file a rejoinder affidavit. Heard Sri S.K. Upadhyay, learned Counsel for the petitioner as well as Sri B.K. Singh, learned Counsel for opposite party No. 3.
(2.) The husband of the petitioner was Bhumidhar with transferable rights of the land in question. After his death, the name of the petitioner is said to have been recorded in Form P.A. 11, being wife of the erstwhile tenure holder. Opposite party No. 3 is said to have moved an application for mutation of his name in respect to the same also, based on an alleged Will -Deed executed by the petitioner's husband in his favour. It is relevant to mention here that the petitioner's husband and the opposite party No. 3 were real brothers. The application of the opposite party No. 3 was dismissed. Subsequently a recall application was filed by the opposite party No. 3 allegedly on the ground that the petitioner herein had re -married and, therefore, she was not entitled to get her name mutated in respect of the land in question. The Tehsildar rejected the second application for mutation filed by the opposite party No. 3 vide order dated 8.11.2013 wherein it was held that the re -marriage had not been proved. An appeal was filed by the opposite party No. 3 on 20.11.2013. The said appeal was allegedly decided ex -parte on 23.1.2014 against the petitioner. With lightening speed the order dated 23.1.2014 was implemented and the name of the opposite party No. 3 was mutated in the revenue records in pursuance thereof on the same date i.e. 23.1.2014.
(3.) The petitioner contends that in a short span of two months the said appeal was hurriedly decided without the notice having been served upon her. She submits that the wrong address was mentioned in the appeal i.e. address of the place where she is said to have been re -married, therefore, naturally the notices could not be served. The gazette publication was hurriedly made which also did not come to the knowledge of the petitioner.;