- (1.) Supplementary affidavit filed today is taken on record.
(2.) This writ petition arises out of mutation proceedings under Section 34, U.P. Land Revenue Act. There are orders passed from the First Court to the Board, where one side or the other secured ex parte determination, only to be set aside at the instance of the other side later. This commenced with the order of the Tehsildar dated 04.08.2015, where on the application of respondent No.4, who is the daughter of the deceased bhumidhar Sunder, mutation was ordered in her favour. Lateron, the petitioner, who claims herself to be the widow of Sunder, being his lawfully wedded wife after the death of his first wife, applied for the said order to be set aside, basing her claim on a higher place in the order of succession under Section 171 U.P. Zamindari Abolition and Land Reforms Act. The said application was allowed vide order dated 24.02.2016, which granted mutation in favour of the petitioner absolutely. Against the said order, respondent No.4 went to the Commissioner, Gorakhpur Division Gorakhpur, who by his order dated 5.10.2016 allowed the Revision and set aside the order dated 24.02.2016. He also directed remand of the matter to the Tehsildar to pass afresh, after hearing both the petitioner and the fourth respondent. This order was challenged by the petitioner before the Board of Revenue, U.P. at Lucknow, where the case was registered as Revision No.246 of 2017. This Revision again is claimed to have been heard, without notice or opportunity to the fourth respondent.
(3.) The Board of Revenue, by their order dated 24.03.2017, set aside the Commissioner's order dated 5.10.2016 and restored the Tehsildar's order of 24.02.2016, granting mutation in favour of the petitioner. This order of the Board of Revenue excluded all opportunities to the fourth respondent to canvass her case. The order being ex parte, a Restoration Application under Section 201 of the U.P. Land Revenue Code, was filed to the Board. The Restoration Application has been entertained by the Board by issuing notice on the restoration matter to the petitioner, and staying the operation of its order of 24.03.2017, passed in Revision No.246 of 2017.;