ANAND SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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HONBLE SUDHANSHU DHULIA, J. -
(1.) HEARD Mr. Sudhir Kumar, Advocate for the petitioners, Mr. R.C. Arya, Standing Counsel for the State of Uttarakhand and Mr. T.P.S.
Takuli, Advocate for respondent nos. 3 to 10.
(2.) IN village Dhandha, Tehsil Kichcha, District Udham Singh Nagar, Uttarakhand, there are agricultural plots being plot No. 58A
measuring 176 "bigha" and 13 "biswa" and Plot No. 58 C measuring
56 "bigha". This land admittedly belongs to the State Government and is recorded in revenue records as category five ("Navin Prati").
Regarding this there is no dispute. According to the petitioners, their
father was in possession of this land since 1950 -5 1, although no
evidence to this effect has been placed before this Court. Petitioners
further state that neither their father nor they were ever evicted from
this land and they are in peaceful possession of this land since the
death of his father on 17.11.1985. The petitioners also contend that in
the year 1975, the erstwhile Government of Uttar Pradesh (when
Uttarakhand was a part of erstwhile State of Uttar Pradesh) formulated a
scheme for regularization of unauthorizedly occupied public land.
According to the scheme, the occupant had to pay certain amount as
premium to the Government and upon such payment, the possession of the
occupant was to be regularized and a "patta" or a lease was to be
executed in his favour.
(3.) ADMITTEDLY the petitioners and even their father were unauthorized occupants on a State property. The fact remains that the
land in question was never regularized in favour of the petitioners or
their father. In fact as late as on 12.8.2005 the request of the
petitioners for regularisation of such land in their favour was rejected
by the Additional Collector, Udham Singh Nagar stating that the concerned
land in Village Dhandha, Tehsil Kichcha, having Khasra No. 58A as well as
58C are recorded as category "five" land and this category of land cannot be regularized in their favour.
Subsequently, the petitioners also preferred a Writ Petition No. 1186 of 2005 (M/B) before this Court. In the said writ petition, a
Division Bench of this Court held as under :
"4. In our opinion the land is agricultural land and the
petitioners being unauthorized occupants over the land in question,
Bhumidhar of which plot was Sri Maharaj Singh and it appears that Sri
Maharaj Singh was P.C.S. Officer posted in the area and he got the land
recorded in his name. Thereafter he allowed the petitioners to be in
possession of the land in question. Petitioners are the sons of the Sri
Maharaj Singh. It has been disputed by the State that the petitioners are
the sons of Sri Maharaj Singh. However in the revenue records petitioners
name were entered as unauthorized occupants and proceedings against Sri
Maharaj Singh, who died in 1985, were pending. Thus it is proved that the
land belonged to the State Government and no lease was granted to the
petitioners under the Government Grants Act. Petitioners were
unauthorized occupants of the land in question since the land was
agricultural land, therefore, the suit was barred by Section 331 of the
U.P.Z.A. & L.R. Act. Thus the judgment and order passed by the Civil
Judge (Senior Division), Nainital is without jurisdiction and void.";
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