Y.K.SANGAL,J. - (1.) THIS petition has been filed for a writ of certiorari to quash the impugned order dated 25.8.2009 passed by opposite party No. 1 Board of Revenue .
(2.) TRIVENI Prasad was recorded tenure holder of the property in dispute. He has three sons. Swami Nath, Raghhav and Talukdar. Swami Nath died in the life time of his father. Smt. Vijay Luxmi was his widow. Triveni Prasad died in the year 1984. After the death of Triveni Prasad, name of Smt. Vijay Luxmi, Raghav and Talukdar were mutated in the revenue record. These are undisputed facts. It is said that Smt. Vijay Luxmi had remarried with Lakhpat in the year 1993, so both other sons of Treiveni Prasad deceased have applied to mutate their names in place of Smt. Vijay Luxmi under section 172 of the U.P.Z.A and L.R.Act. A case was registered as case No. 1470 of 1995 in the court of Tahsildar concerned. Smt. Vijay Luxmi filed objection on 6.12.1995 denying her remarriage and contested the case. During the pendency of this case, Smt. Vijay Luxmi sold her share in the property by sale deed dated 4.10.1997 in favour of Sri Rajesh (her son in law)and Smt Phoolan wife of Talukdar, other son of Sri Trivveni Prasad. Rajesh has also applied to mutate his name and a separate case was registered. Lateron Rajesh, vide sale deed dated 28.5.2002 also sold his share in favour of Smt. Phoolan, wife of Talukdar and Smt. Phoolan had applied to mutate her hame in place of Smt. Vijay Luxmi saying that now she became owner of the share of Smt. Vijay Luxmi of the property in dispute. All the three cases were transferred to the court of Tahsildar, Gonda under the order of Board of Revenue. These three cases were consolidated and evidence was recorded before the Tahsildar, Gonda. After perusing the record and hearing the arguments of the parties, Tahsildar, Gonda had decided the cases and held that Smt. Phoolan's name to be mutated in place of Smt. Vijay Luxmi and claim of petitioner Raghav and Talukdar was rejected. Aggrieved by the order of Tahsildar , an appeal was filed before the Sub Divisional Officer, Gonda by petitioner and opposite party no. 5 Talukdar. The appellate court had dismissed the appeal and confirmed the order of the Tahsildar . Against the order of appellate court, petitioner filed a revision before the Additional Commissioner Administration, Devipatan, Gonda and the learned Commissioner after considering the case of the parties held that remarriage of Smt. Vijay Luxmi is established and he allowed the revision and ordered to mutate the name of petitioner and Talukdar in place of Smt. Vijay Luxmi applying the provisions of Section 172 of U.P.Z.A and L.R. Act.
(3.) AGGRIEVED by this order, a revision was filed before the Board of Revenue by Smt. Phoolan and by the impugned order dated 25.8.2009 this revision was allowed by the Board of Revenue and the order passed by Tahsildar, Gonda and the first appellate court was confirmed and order passed by the Commissioner was set aside.;