JUDGEMENT
Sibghat Ullah Khan, J. -
(1.) Name of petitioners' father was entered as occupant of the agricultural land in dispute in the revenue records of which contesting respondents were recorded as bhoomidhar. Petitioners' father filed application under Section 33/34 of U.P. Land Revenue Act for entering his name as bhoomidhar. Naib Tehsildar passed order on 30.9.1986 in favour of petitioners' father and sent the file to Sub Divisional Officer who by two or three line order approved the said order. The order dated 30.9.1986 appears to have been passed by Naib Tehsildar, Chunar District Mirzapur. The said order was set aside subsequently on 6.10.1990. Against order dated 6.10.1990 revision was filed which was referred to the Board of Revenue by Additional Commissioner with the recommendation that revision might be allowed.Through impugned order dated 20.10.2009 passed by Board of Revenue. Reference no.11/LR/92-93 made by the learned Additional Commissioner through order dated 29.4.1992 was rejected and order passed by Naib Tehsildar dated 30.9.1986 was set aside. It was also directed that against the Naib Tehsildar concerned disciplinary proceedings should be initiated. I do not find any error in the impugned order. However, the apprehension of the petitioners is that in view of the impugned order name of petitioners' father would be expunged even from varg-9 (occupant). In my opinion this apprehension is mis-placed. The only effect of order of Board of Revenue dated 20.10.2009 is that order dated 30.9.1986 passed by Tehsildar has been set aside. However, keeping in view the apprehension of the petitioners it is directed that revenue records shall be maintained as they were prior to 30.9.1986 the date on which Tehsildar passed order in favour of petitioner or their father.
(2.) Learned standing counsel has pointed out that no document has been annexed to show that prior to 30.9.1986 names of petitioners' father was there in the revenue records. Accordingly it is clarified that whatever was the position of revenue records prior to 30.9.1986 should be restored.
Writ petition is disposed of accordingly.
Petition Disposed of.;
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