SHITLA PD. SRIVASTAVA, J.

( 1 ) THIS petition, under Article 226 of the Constitution of India, has been filed by the petitioner for quashing the order dated 31. 1. 1996 passed by the S. D. O. and order dated 5. 4. 1999 passed by the Board of Revenue.

( 2 ) THE brief facts, as stated in the petition, are that the disputed khatas were recorded in the name of Smt. Mahadei, mother of the petitioner in khafauni 1386 fasli. She died in the year 1970. She had two daughters, one Smt. Rani Devi and other Smt. Ram Dularl. Smt. Ram Dulari has also died and in accordance with the provisions of Section 172 of U. P. Zamindari Abolition and land Reforms Act, (hereinafter referred to as the Act), it is alleged that her right will devolve on the nearest surviving heirs, The petitioner claimed that she being the heir of Smt. Mahadei applied for mutation of her name along with her sister Smt. Ram Dulari in the year 1979 after the death of Smt. Mahadei. It is stated that Daya Shanker and others, respondent Nos. 4 to 7 filed objection against the said mutation claiming that they were daughters son of Smt. Mahadei from two daughters, Smt. Shanti Devi and Smt. Chhabiraja who had died in the life time of

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