DAMAR BAHADUR THAPA AND ANOTHER Vs. COMMISSIONER, GARHWAL MANDAL, CAMP DEHRADUN AND OTHERS
LAWS(UTN)-2012-12-144
HIGH COURT OF UTTARAKHAND
Decided on December 18,2012

Damar Bahadur Thapa And Another Appellant
VERSUS
Commissioner, Garhwal Mandal, Camp Dehradun And Others Respondents

JUDGEMENT

- (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 st Class, 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 st 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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