Mahesh Chandra Tripathi, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioners are before this Court assailing the order dated 6.8.2016 passed by the Judge Small Cause Court, Varanasi as well as order dated 21.04.2017 passed by the Addl. District Judge/ Special Judge (Prevention of Corruption Act), Court No.1, Varanasi in Civil Revision No.53 of 2016 (Vansh Narain & Anr. v. Shyam Narain).
(3.) It is contended that the petitioners purchased the land of an area of 5-11/16 decimal of plot no.37/1 situated at Taktakpur, Distt. Varanasi in the name of their mother Smt. Panno Devi through registered sale deed dated 14.11.1993 and they have constructed the house over the purchased land and also obtained the House No.S-24/17-A-1 from Nagar Nigam, Varanasi in Municipal Record." After the death of the mother of the petitioners, the name of the petitioners was mutated by the revenue authorities in the annual register under Section 33-A of U.P. Land Revenue Act, 1901 in the year 1997." The name of respondent no.1-Shyam Narain (brother of petitioners) was not mutated in the revenue record because he was not in possession as per the family settlement during the lifetime of their mother, Smt. Panno Devi. The property in question was given to the petitioners and the respondent no.1 Shyam Narain in lieu thereof was given excess area of land in their village Kohasi. After the death of the mother of the petitioners, the petitioners moved an application before the Nagar Nigam for mutation of their names." The same was allowed by the competent authority and the name of the petitioners were recorded in the municipal record on 25.7.1997.;