- (1.) Heard Shri Govind Krishna, learned counsel for the petitioners as well as Shri Tripathi B.G. Bhai, Advocate and Shri M.D. Mishra, Advocate, representing the respondents.
(2.) The present writ petition has been filed against the order dated 14.1.2016 passed by the Deputy Director of Consolidation, Siddharth Nagar (hereinafter referred to as, 'D.D.C.') in Revision Nos. 216 and 294 where he has dismissed the substitution application filed for substituting the heirs of Sonmati and Virendra, who were parties in the revision filed before the D.D.C. and consequently has declared the revision to have abated. The recall application filed by the petitioners for recall of the order dated 14.1.2016 has been dismissed by the D.D.C. vide his order dated 4.8.2018.
(3.) It is the admitted case of the parties that Sonmati was the wife of Virendra. After the death of Sonmati, in 2010 a substitution application was filed to substitute Surya Prakash, Ramakant, Rajesh and Durgesh as her heirs in the revision stating that the aforesaid persons were the sons of Sonmati. During the pendency of the said substitution application, Durgesh died on 30.10.2011. It is on record that Durgesh was unmarried and died issueless. Subsequently, Virendra also died and a substitution application was filed by Surya Prakash, Ramakant and Rajesh, i.e., the sons of Virendra and his alleged grand daughter Priyanka and Kajal alleging that Priyanka and Kajal were the daughters of Chandra Prakash, who was also stated to be the son of Virendra.;