- (1.) Heard Dr. Ram Surat Pandey, Advocate, who has rendered assistance to the Court on the request made to him, learned Standing Counsel for the State-respondents and Sri Umesh Chandra, learned counsel representing the private respondents.
(2.) The facts of the case as can be gathered from the pleadings available on record, are that original recorded tenure holder of the land in question was one Mst Manna Devi, who is said to have executed sale deed on 13.06.1974 in favour of predecessor-in-interest of the private respondents. The said sale deed is said to have been registered on 21.06.1976 on the basis of which the predecessor-in-interest of the private respondents moved an application for mutation under Section 34 of U.P. Land Revenue Act which was allowed by the Naib Tehsildar, vide his order dated 04.02.1980, against which appeal is said to have been filed by the petitioner which was allowed by the Sub-Divisional Officer, Sadar, Sultanpur by means of his order dated 23.05.1988 and the matter was remitted to the Tehsildar. The respondents filed revision petition before the Additional Commissioner (Judicial), Faizabad Division, Faizabad against the order dated 23.05.1988 passed by the Sub-Divisional Officer, which was allowed vide order dated 14.07.2015 and the matter was remitted to the Sub-Divisional Officer.
(3.) Against the order dated 14.07.2015, the petitioner had preferred revision petition before the Board of Revenue which too was dismissed on 10.09.2015 and accordingly in terms of the order dated 14.07.2015, the matter was said to be pending before the Sub-Divisional Officer in appeal under Section 210 of U.P. Land Revenue Act. However, the petitioner filed writ petition bearing Writ Petition No.1567 (M/S) of 2016 challenging the said order dated 10.09.2015 passed by the Board of Revenue, order dated 14.07.2015 passed by the Additional Commissioner, order dated 23.05.1988 passed by the Sub-Divisional Officer and 04.02.1980 passed by the Naib Tehsildar. The said petition was dismissed on 27.01.2016 by observing that the Sub-Divisional Officer has remanded the matter to the Tehsildar for issuance of fresh proclamation and decision afresh in the matter and as such the petitioner would be at liberty to agitate his grievances before the Tehsildar.;