JUDGMENT :

UMESH CHANDRA SHARMA, J.

1. Heard learned counsel for the petitioner, leaned Standing Counsel for the State and perused material available on record.

2. None appeared from the side of respondent no. 5.

3. This writ petition has been preferred against the order dated 22.09.1999(Annexure No. 4 to the writ petition) passed by respondent no. 2 in Revision No. 42/156 (Ram Milan vs. Bhola and Others) by which the Upper Ayukt (Prashasan), Basti Mandal, Basti allowed the revision and cancelled the orders dated 30.12.1995 and 05.08.1997 passed by the SDM, Bansi.

4. The petitioner has averred in the writ petition that one Salava son of Ali Raza was the owner of disputed plot no. 78/1 area 0.2.1 and plot no. 84 area 0.10.0 lying in Village Batwasia, Pargana Bansi Purab, District Siddhartha Nagar. After his death his wife was recorded as legal representative. She died issueless hence the land was vested in Gaon Sabha.

5. The petitioner was in continuous possession for the last 15 years over the plot in question and his name was recommended on 15.12.1995 to be substituted and mutated as Bhumidhar with non-transferable right. Tehsildar recommended his name which was approved by SDO, Bansi v