JUDGMENT :

1. Heard Shri Dharm Vir Jaiswal, learned counsel for the petitioner, Shri Ayub Khan, learned Counsel for the respondent no.1, learned Standing Counsel for the respondent nos. 2, 3 & 4 and perused the record.

2. Challenge in the writ petition is orders dated 11.06.2018, 20.02.2019 and 25.06.2021 passed by respondent nos. 2, 3 & 4 respectively. Present petition is arising out of proceeding initiated under Section 9A(2) of U.P. Consolidation and Holdings Act, 1953 (in brevity "U.P.C.H. Act").

3. Factual matrix of the present writ petition is that Smt. Lalwati(petitioner) was previously married with one Kishan Lal and out of their wedlock on son borned namely Vipin. After death of Kishan Lal, his wife Smt. Lalwati had remarried on 1.6.2002 with Sureshpal. Subsequently, on 27.12.2013 Vipin died unmarried. After his death dispute arose with respect to his succession. There are two claimants over the agricultural property of deceased Vipin; (1) Smt. Lalwati (Mother of deceased, who remarried) (2) Smt. Chhoti (Grand-Mother). One objection was filed by Smt. Lalvati (present petitioner), under section 9A(2) of U.P.C.H. Act claiming her right and title being the remarried mother of Vipin.

4. Second objection was filed by Smt. Chhoti, being the grand-mother of Vipin. All the three Consolidation Courts have discarded the claim of the petitioner, Smt. Lalvati, on the ground that remarried mother has no claim over the property of son who was born out of wedlock with the previous husband.

5. The question for consideration arises as to whether a Hindu widow, who remarried after death of her husband, can inherit the agricultural property of her son through first marriage under Section 171 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (in brevity 'U.P. Z.A. & L.R. Act'). Learned counsel for the petitioner made emphasis on Section 171(2)(b) of U.P. Z.A. & L.R. Act, wherein phrase used as 'mother and father'. Section 171 (2) of the U.P.Z.A. & L.R. Act reads as under :

“171. General order of succession-(1).......

(i)...........

(ii).......

(iii)......

(iv) the widow or widowed mother or father's widowed mother or the widow of any predeceased male lineal descendant who would have been an heir, if alive, shall inherit only if she has not remarried.

(2) the following relatives of the male bhumidhar or assami are heirs subject to the provisions of sub-section (1), namely :-

(a) widow, unmarried daughter and the male lineal descendant per stirps;

Provided that the widow and the son of a predeceased son how low-so-ever per stirps shall inherit the share which would have devovled upon the predeceased son had he been alive;

(b) mother and father ;

(c)..........................

…..............................

…................................”

6. Learned counsel for the petitioner, in support of petitioner's claim, has interpreted the word 'mother' in wider sense which includes 'widowed mother', who has remarried.

7. Per contra, learned counsel for the respondents contended that word 'mother' as used under Section 171(2)(b) of U.P. Z.A. & L.R. Act excludes the widowed mother who has remarried. In support of his case, learned counsel for the contesting-respondent has cited the Full Bench judgment of Hon'ble Supreme Court in the Case of Parshanti Vs. Deputy Director of Consolidation and others, reported in AIR 1997 SC 1567.

8. Perused the record on board and considered the submissions advanced by counsel for the parties.

9. Order of succession is enunciated under Section 171 (2) of the U.P.Z.A. & L.R. Act and the modalities for the purposes of devolution of the property is provided under Section 171 (1) of the U.P.Z.A. & L.R. Act. Legislation has recognized conditional right to the widow, being successor, under the law. In the eventuality of remarriage, a widow cannot claim her inheritance. It is explicit under Section 71 (1) (iv) of the U.P.Z.A. & L.R. Act that the widow or widowed mother or father's widowed mother or the widow of any predeceased male lineal