DAMAR BAHADUR THAPA AND ANOTHER Vs. COMMISSIONER, GARHWAL MANDAL, CAMP DEHRADUN AND OTHERS
HIGH COURT OF UTTARAKHAND
Damar Bahadur Thapa And Another
Commissioner, Garhwal Mandal, Camp Dehradun And Others
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(1.) By means of this writ petition, the petitioners have
sought a writ in the nature of certiorari quashing the impugned
order dated 4-3-2004 passed by the Assistant Collector, 1
Vikasnagar, Dehradun, whereby the application moved by the
respondent no.3-Godi Ram, under Order 9, Rule 13 C.P.C. was
allowed, as well as the order dated 22-11-2006 passed by the
Commissioner, Garhwal Division, Camp Dehradun, whereby the
revision filed against the said order has been dismissed (Annexure
6 and 9 to the writ petition).
(2.) Briefly stated, the facts giving rise to the present writ
petition according to the petitioners are that in the year 2003-2004,
respondent no. 3-Godi Ram with the consent of Pooran and Jagpal
applied under Section 161 of the U.P.Z.A. and L.R.Act, 1950 (for
short the Act) for exchange of land mentioned in the applicatgion
before the Assistant Collector, 1
Class, Vikasnagar, Dehradun,
which was registered as Case No. 1 of 2003-04 Godi Ram Vs.
Pooran and another; in the said case, oral statements of both the
parties were recorded by the court, wherein consent was expressed
by the parties to exchange their land with each other and by order
dated 22-10-2003, the application was allowed and the land of
Khata No. 1062, plot no. 935, measuring 0.063 Hectare was
mutated in the name of Pooran and Jagpal in the revenue records in
place of Sri Godi Ram after deleting his name and at the same time,
the land of Khata No. 140, plot no. 552 area 0.031 Hectare and of
plot no. 553 area 0.200, total 0.2310 Hectare situated at Mauza
Sherpur was ordered to be mutated in the revenue records in the
name of Godi Ram @ Govind Ram in place of Pooran and Jagpal
after deleting their names by the Assistant Collector concerned
under Section 161 of the Act.
(3.) Thereafter said Godi Ram sold the land of Khata No.
140, plot nos. 552 and 553 area 0.2310 Hectare (0.57 acre) in
favour of the petitioners herein by registered sale deed dated 30-10-
2003 and since then the petitioners are in actual physical possession
over the land in question as Bhumidhars.;
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