JUDGMENT : ROHIT RANJAN AGARWAL, J. 1. Heard Sri Girja Shankar Srivastava, learned counsel for the petitioner and learned Standing Counsel for respondents No. 1 to 3. List has been revised but no one is present on behalf of private respondents though names of many counsels appear in the cause list. 2. This writ petition has been filed assailing the orders dated 22.12.1999 and 22.5.2000 passed by respondents no. 2 and 1 respectively in Appeal under Section 210 of the U.P. Land Revenue Act, 1901 (hereinafter called as “Act of 1901”) and Revision under Section 219 of the Act of 1901. 3. The short controversy engaging attention of the Court is as to whether respondent No. 7 Smt. Amna, who is alleged to be the step mother of deceased Taj Mohammad is entitled to succeed to the agricultural land left by Taj Mohammad who died issuless under the provision of Section 171 of U.P. Zamindari Abolition and Land Reforms Act, 1951 (hereinafter called as “Act of 1950”). 4. The brief facts are that one Saraf Ali had three sons namely Mustakin, Fateh Mohammad and Jamil. After the death of Saraf Ali, his three sons succeeded to his agricultural land. Mustakin died in the year 1985 leaving behind his sole son Taj Mohammad, who was minor at that time. Taj Mohammad died issuless in 1997. Respondent No. 7 Smt. Amna claim that after the death of Smt. Nyazen wife of Mustakin, from whom Taj Mohammad was born, married Mustakin. After the death of Taj Mohammad in 1997, Smt. Amna claimed to be legal heir. Proceedings under Section 34 of the Act of 1901 was initiated and the Tehsildar Modinagar vide order dated 24.01.1998 found that petitioner Jamil, who was the living male descendant of Taj Mohammad succeeded the ancestral property in view of Section 171 of the Act of 1950 and directed for mutating his name. The said order was put to challenge before Sub-Divisional Officer, Modinagar through Appeal 29 of 1999 under Section 210 of Act of 1901 which was allowed by the order dated 22.12.1999. Against the said order, petitioner preferred revision before the Additional Commissioner, Meerut, being Revision No. 27/99-2000 under Section 219 of Act of 1901, which was rejected by the order impugned, hence the present writ petition. 5. Against the said order, petitioner preferred revision before the Additional Commissioner, Meerut, being Revision No. 27/99-2000 under Section 219 of Act of 1901, which was rejected by the order impugned, hence the present writ petition. 5. Learned counsel for the petitioner submitted that by U.P. Act XX of 1954, the words ‘step mother’ ceased to be heir and the word ‘mother’ remained there to be the heir of deceased male tenant who had not remarried. He placed reliance upon decision of coordinate Bench of this Court in Smt. Jokhna vs. Deputy Director of Consolidation, Raibareli and Others, 1979 ACJ 117. 6. According to him, Smt. Amna, who was the step mother of Taj Mohammad, was not entitled to succeed to the estate of deceased Taj Mohammad and it was the petitioner who is entitled under Section 171(b) to be the legal heir. 7. Per contra, learned Standing Counsel while defending the order passed by the authorities could not dispute the legal proposition of law. 8. I have heard the respective counsels for the parties and perused the material on record. 9. The short controversy is as to whether post amendment of the year 1954, whether step mother would be entitled to inherit and called as heir of a deceased male tenant after the words ‘step mother’ ceased to be part of the Act from 1954 onwards?. 10. The matter is no more res integra as the coordinate Bench of this Court in Smt. Jokhna (supra) while considering the somewhat similar controversy had held that once the step mother ceased to be an heir and only mother who has not remarried continued to be heir of deceased male tenant, and also after the insertion of new Clause 171(b), which was added in the year 1954, only provides for widow and widowed mother and widow of a predeceased male lineal descendant in the male line of descent, who have not remarried. 11. From perusal of the record it is abundantly clear that case of Smt. Amna respondent No. 7 is that she remarried Mustkin after death of Nyazen from whom Taj Mohammad was born. 11. From perusal of the record it is abundantly clear that case of Smt. Amna respondent No. 7 is that she remarried Mustkin after death of Nyazen from whom Taj Mohammad was born. Thus it is clear that Smt. Amna being step mother of Taj Mohammad does not fall within the parameter of Section 171 of Act of 1950 and the findings recorded by Appellate as well as Revisional Court holding her to be the legal heir of Taj Mohammad is against the statutory provision of law which both the Revenue Authorities have failed to consider. Relevant Para 3 of the judgment rendered in Smt. Jokhna (supra) is extracted hereas under : “The notions of Hindu Law or Muslim Law cannot be imported for interpreting the provisions of UP ZA and LR Act and the rights of the parties are to be decided on the basis of the provisions of the said Act only. Even under the Mohammedan Law the step mother is not an heir of her step son, the reason appears to be because there is no tie of consanguinity between the two. Under Section 35 of U.P. Tenancy Act after mother, step mother being a widow was also an heir of the deceased male tenant. Under the UP ZA and LR Act the step mother being a widow was also an heir of a deceased male tenant and that too in preference to an unmarried daughter, but this position was changed by U.P. Act XX of 1954 and step mother ceased to be an heir and mother, who has not re-married continued to be an heir of the deceased male tenant. Under U.P. Land Reforms (Amendment) Act, 1958 a new Clause 171(b) was added which reads as under: “(b) Widow and widowed mother and widow of a predeceased male lineal descendant in the male line of descent, who have not re-married.” From the above facts it is clear that the Legislature was conscious of difference between mother which meant own mother and step mother, but by means of the amendment of the year 1954 the step mother ceased to bean heir and mother continued to be an heir. Under U.P. Tenancy Act or UP ZA and LR Act if a person died leaving behind sons from his first wife and a second wife, the second wife was not given any right in the tenancy land but the step mother was entitled to succeed her step son after exclusion of a few heirs and it seems that there was deliberate deletion of the word step mother and that is why in the year 1954 only mother being widow was retained as an heir. In place of mother, the step mother was separately shown till before the amendment of the year 1954. From the scheme of the Act it is thus clear that wherever the word ‘mother’ was used by the Legislature, in Section 171 of U.P. Zamindari Abolition Act, it meant own mother and not ‘step mother’. Section 171(b) of the Act used the word ‘widowed mother’ which means none else than ones own mother who may ever be adoptive mother who is a widow and not a ‘step mother’ who is a widow. In some cases it will create a hardship but for that Legislature alone can make the necessary amendments. It is desirable that some amendment in this connection may be made. For instance, a tenure-holder leaves a son from the first wife and his second wife also and if soon thereafter his son dies, then the step mother will not be entitled to the holding of her own husband which may go to others and she may go to the dogs.” 12. Considering the facts and circumstances of the case, this Court finds that legal issue having arisen in the matter, which has not been dealt with by the Revenue Authorities, as to whether Smt. Amna being the step mother was entitled to succeed to the land of Taj Mohammad who died issueless as step mother does not find mention in the line of succession mentioned in Section 171 of the Act of 1950. 13. The findings recorded by Appellate as well as Revisional Court is against the statutory provision contained in Section 171 of the Act of 1950 and cannot be sustained. Thus, both the orders dated 22.12.199 and 22.5.2000 (Annexure 4 and 5 to the writ petition) are hereby set aside. 14. The writ petition succeeds and is hereby allowed.