Court No. - 36
Case :- WRIT - B No. - 3182 of 2018 Petitioner :- Rajeshwari Respondent :- State Of Up And 5 Others Counsel for Petitioner :- P.K. Singh Counsel for Respondent :- C.S.C.,Shailendra Singh
Hon'ble Mrs. Sunita Agarwal,J.
The present petition arises out of an order passed in mutation proceeding under Section 34 of Land Revenue Act. By means of the order dated 01.08.2013, the Naib Tehsildar in case no.67 of 1985 has recalled the exparte order dated 21.01.1986 with the observation therein that before passing the mutation order dated 21.01.1986 on the basis of will no proclamation was issued. The testator of the will was alive on the said date.
There was a possibility of manipulation in the record in as much as, the husband of the revisionist/petitioner herein was posted in Tehsil at the time when mutation order was passed.
These finding returned by the Tehsildar in recalling the order dated 21.01.1986 have been affirmed by the Board of Revenue vide order dated 01.02.2018.
In view of the fact discernible from the record regarding the illegality committed in passing the order dated 21.01.1986 during the life time of the testator and the fact that the writ petition arises out of a summary proceeding under Section 34 of Land Revenue Act, this Court does not find any error in the order impugned. Even otherwise, a direction has been given by the Board of Revenue to conclude the proceeding pending before the Naib Tehsildar in accordance with law.
It is open for the petitioner to place all his argument before the Naib Tehsildar in the pending proceeding.
The writ petition is dismissed as such.
Order Date :- 28.3.2018 Himanshu