Heard Sri S.P.Tiwari, learned counsel for the petitioners and learned Standing counsel for the opposite party No.s 1 to 4.
For the reasons to be recorded in this order, notice to private opposite party No.5 is dispensed with.
Petitioner has challenged the order dated 1.1.2003 passed by the Tehsildar, Akbarpur, as contained in Annexure-9 at page-28 as well as the order dated 30.8.2010 Collector, Ambedkarnagar, as contained at page 45 annexure-15 to the writ petition. Petitioner says that the Tehsildar has not taken into consideration the objections taken by the petitioenr regarding the provision of 168-A and further he has also not considered the objections that the grand mother of the petitioner has not executed any will in favour of opposite parties. The petitioner says that provision against re-validation was very much available in the year 2003 because it has been deleted later on and even then only the period of one year was prescribed for re-validation.
These are factual aspects which apparently have not been taken care of. Petitioner has demonstrated that his name was mutated on the basis of will executed on 4.12.1993 and the name was recorded win the revenue records on 21.9.1994., Hence the finding of the District Magistrate that the petitioner was a co tenure holder is also perverse and against the record.
No useful purpose will be served in keeping this matter pending here for technicalities. In the interest of speedy trial and affirmative action on the part of the judiciary, it will be expedient that the matter may be remanded back to the Tehsildar concerned, who shall decide the matter on merits after issuing notice and giving due opportunity to all the concerned parties including the opposite party No.5 arrayed in this petition.
Therefore, the order passed by the Collector dated 30.8.2010 passed by the Collector-opposite party No.3 and the order dated 1.1.2003 passed by the Tehsildar-opposite party No.4 are hereby set aside.
The decision shall be taken by the Tehsildar within a maximum period of two months from the date a certified copy of this order is placed before him. However, it is made clear that this order of remand has not been passed on merits. The Tehsildar shall apply his mind afresh on the facts of the case and shall be free to come to his own conclusion without being influenced by this order.
Till the Tehsildar decides the matter finally, the parties shall maintain status-quo as it exists today over the land in dispute.
With these observations the petition stands disposed of.
Order Date :- 23.5.2011 RKM.