JUDGMENT

Chandra Kumar Rai, J.

Heard Mr. Sharad Chandra Uapdhaya, learned counsel for the petitioner, learned standing counsel for respondents 1 to 4, Mr. Bhupendra Kumar Tripathi, learned counsel for respondent No.12 Gaon Sabha and Mr. B.C. Naik, learned counsel for respondent No. 11 in Writ C No.31692 of 2022 and for respondent No.5 in Writ B No.5 in Writ C No.31612 of 2022.

2. Writ C No. 31692 of 2022 has been filed for the following reliefs:-

"(i) Issue a writ in the nature of Certiorari quashing the Judgement and order dated 05.09.2022 passed by Commissioner, Varanasi Division Varanasi in Revision No. 710 of 2021 (Computerized No. C202114000000710) Prashant Kumar v. Land Revenue Act 1901 (Annexure No. 23 to this writ petition).

(ii) Issue a writ in the nature of Certiorari quashing the order dated 23.11.2020 passed by Sub Divisional Magistrate Sadar, District Varanasi in appeal No. T201414700122172 under Section 210 of Land Revenue Act (Akbal Narayan v. State) (Annexure No. 17 to this writ petition).

(iii) Issue a writ in the nature of Certiorari quashing the judgement and order dated 21.09.2013 passed by Tehsildar (Sadar), District Varanasi in suit No. 1556 of 2010 along with other suits under Section 34 of Land Revenue Act Akbal Narayan v. Champa Devi, (Annexure No. 8 to this writ petition).

(iv) Issue appropriate writ or direction in the nature of Mandamus directing the Respondents to not give effect of the orders dated 05.09.2022, 23.11.2020 and 21.09.2013 passed by Respondent Nos. 2, 3 and 4."

3. Writ C No. 31612 of 2022 has been filed for the following reliefs:-

"(i) Issue a writ in the nature of Certiorari quashing the Judgement and order dated 05.09.2022 passed by Commissioner, Varanasi Division Varanasi in Revision No. 709 of 2021 (Computerized No. C202114000000709) Prashant Kumar v. Shailendra Kumar Rai under Section 219 of U.P. Land Revenue Act 1901 (Annexure No. 26 to this writ petition).

(ii) Issue a writ in the nature of Certiorari quashing the order dated 23.11.2020 passed by Sub Divisional Magistrate Sadar, District Varanasi in appeal no. 1290 of 2017 (Computer Case No. D2017147001290) under Section 210 of Land Revenue Act read with Section 35 (2) of U.P. Revenue Code 2006 Prashant v. Shailendra Kumar Rai whereby appeal filed against the mutation order has been rejected (Annexure No. 20 to this writ petition).

(iii) Issue a writ in the nature of Certiorari quashing the judgements and orders dated 03.06.2016 and 04.06.2016 passed by Tehsildar (Nyayik) Sadar, District Varanasi in suit No. T201514700171 of 2015 under Section 34/35 of Land Revenue Code, 2006 Shailendra Kumar Rai v. State whereby mutation order has been passed rejecting the preliminary objection of the Petitioner in the Arazi in question (Annexure No. 15 and 16 to this writ petition).

(iv) Issue appropriate writ or direction in the nature of Mandamus directing the Respondents to not give effect of the orders dated 05.09.2022, 23.11.2020, 03.06.2016 and 04.06.2016 passed by Respondent Nos. 2, 3 and 4."

4. Since common questions are involved in both the writ petition as such, both the writ petitions are being heard and decided together.

5. Brief facts of the case are that one Ramjaddi Kunwar was the recorded tenure holder of the plots in dispute. Petitioner is claiming right on the basis of succession and one Champa Devi was claiming right on the basis of registered will deed executed in her favour by her mother Ramjaddi Kunwar. Champa Devi, grandmother of Shailendra Kumar Rai (contesting respondent in both the writ petition) filed an application under Section 34 of U.P. Land Revenue Act for mutation of her name in place of deceased-Ra