Saral Srivastava, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the respondent no. 1 to 3.
(2.) The petitioner claims that one Mukhtar Ahmad was the owner and in occupation of Khewat No.102, Khasra Nos.806 and 807. According to the petitioner, Mukhtar Ahmad executed a Will dated 26.07.1991 in his favour. After the death of Mukhtar Ahmad, the petitioner filed an application under Section 34/35 of the Land Revenue Act for mutating his name in the revenue record in place of Mukhtar Ahmad before the Tehsildar, Saharanpur numbered as case no.55 of 2002 (Rais Ahmad Vs. Mukhtar Ahmad). The Tehsildar vide order dated 21.01.2002 allowed the application of the petitioner and directed for substitution of the name of the petitioner in place of Mukhtar Ahmad in the revenue record.
(3.) It appears that the respondent no.3 claiming to be the owner of the aforesaid property filed an application for recall of ex parte order dated 21.01.2002 which was allowed by the Tehsildar on 03.06.2004 and the case no.55 of 2002 was restored. The petitioner, thereafter, filed an application for recall of the order dated 03.06.2004 which was dismissed by the Tehsildar vide order dated 30.07.2004.;