Court No. - 9
Case :- WRIT - B No. - 979 of 2021 Petitioner :- Nabi Sher Khan And 3 Others Respondent :- Board Of Revenue And 3 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- C.S.C.,Bhanu Bhushan Jauhari
Hon'ble Salil Kumar Rai,J.
Heard Sri Chandra Kumar Rai, the counsel for the petitioners and Sri Bhanu Bhushan Jauhari, the counsel for the respondent no. 4.
The present writ petition has been filed challenging the orders passed by the revenue courts in proceedings under Section 34 of the Uttar Pradesh Land Revenue Act, 1901.
Through the impugned orders, the revenue courts have recalled the previous order of mutation passed in favour of the petitioners on the basis of a Will because the Will allegedly executed in favour of the petitioners had been cancelled by the civil court. Through the impugned orders, the petitioners have also been granted the liberty to file fresh application in case the appeal filed against the order of the trial court is allowed.
It is noted that the first appellate court has not stayed the judgment and decree of the trial court cancelling the Will allegedly executed in favour of the petitioners.
The orders have been passed in mutation proceedings which do not finally decide the rights and title of the parties. Further, there is no illegality in the orders passed by the revenue courts.
For the aforesaid reason, it is not a fit case for interference by this Court under Article 226 of the Constitution of India.
The writ petition is dismissed.
Order Date :- 29.7.2021 Satyam