Decided on September 24,2012

RAJA RAM Appellant
State of Uttarakhand and another Respondents


- (1.) Having heard learned counsel for the parties, the facts, as transpired from the first information report lodged by Raman Ravi Nath, Sub Divisional Magistrate (Sadar), Dehradun on 29.06.2006, are that there was a land bearing Khasra No. 1135 admeasuring 0-57 hectares in village Arkediya Grant, Dehradun. This land was Bhoomidari land, in the sole ownership of Radhapati Ghildiyal, who inherited the same from his father Rameshwar Prasad. At one point of time, Teeka Ram was a Gram Pradhan, who issued a certificate on 02.08.2001 to the effect that Radhapati Ghildiyal has died and he has left his successors Ram Chandra, Ram Avtar and Asusan. He further reported that Ram Avtar has also died and he has been survived by his wife Kamla Devi, so on the basis of this certificate issued by Teeka Ram, a mutation application was moved by Ram Chandra on 17.09.2001 and with connivance with concerned Survey Kanoongo and other ministerial staff, the land was mutated accordingly.
(2.) After Teeka Ram, present applicant Raja Ram succeeded his office and he issued another certificate on dated 11.02.2002 stating inconsistent pedigree of Radhapati Ghildiyal and this certificate is Annexure no. 1 with the petition. This certificate reflects, as if Radhapati Ghildiyal had died. Although this certificate was not used for any illegal gain, as adumbrated in the findings of Sub Divisional Magistrate in parcha no. VIII, nonetheless this certificate was issued on 11.02.2002 by applicant disclosing Kamlesh as great grand daughter of Radhapati Ghildiyal.
(3.) Learned counsel for the applicant has drawn attention of this Court towards Annexure No. 3 with the petition issued by the applicant on 07.01.2002. This certificate was also issued in consonance with the certificate dated 11.02.2002. It can be noticed that the questioned certificate dated 11.02.2002 was issued just after more than one month of earlier certificate.;

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