Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.
None has appeared for the opposite party no. 2 nor was anybody was present on the last date.
This is a writ petition under Article 226 of the Constitution of India challenging an order dated 22.01.2014 passed by the S.D.M., Mankapur, Gonda under Rule 6-A of the U.P. Panchayat Raj (Maintenance of Family Register) Rules, 1970.
The contention of the learned counsel for the petitioner is that the entire order of the Appellate Authority is based on the order dated 07.08.2004 passed by the Tehsildar in proceedings under Section 34 of the U.P. Land Revenue Act, 1901 for mutation, whereas, the said order has already been set-aside by the S.D.M., Mankapur, Gonda on 03.02.2007 in Appeal arising from the said mutation proceedings, copy of the Appellate order dated 03.02.2007 is annexed as Annexure NO. 6 to the writ petition. The said fact has not been denied, though, Shri Sooraj Lal, Advocate has put in appearance on behalf of the opposite party no. 2. No counter affidavit has been filed by the opposite party no. 2.
Having perused the impugned order the Court finds that the only reason for quashing the order of the A.D.O., Panchayat dated 26.10.1996 is the order of the Tehsildar dated 07.08.2004 which has already been set-aside in Appeal as noticed hereinabove, therefore, the basis of the impugned order is non existent. Accordingly, the order dated 22.01.2014 passed by the S.D.M., Mankapur, Gonda is set-aside.
Considering the fact that a revision against the Appellate order dated 03.02.2007 is said to be pending before the Additional Commissioner, Devi Patan Mandal, Gonda under Section 219 of the Land Revenue Act and the order dated 03.02.2007 passed in Appeal is therefore not final the S.D.M. shall proceed to consider the Appeal under Rule 6-A of the Rules, 1970 keeping the aforesaid in mind and decide the Appeal accordingly but with expedition.
It is made clear that this Court has not adjudicated the question as to whether Rahisul Nisha was the wife of Late Jhinkan or Salma was the wife and this issue is open for consideration by the Appellate Authority in accordance with law.
The writ petition is allowed in the aforesaid terms.
Order Date :- 28.8.2019 R.K.P.