Decided on July 22,2013

Khema Devi Appellant
State of Uttaranchal and others Respondents


- (1.) By means of this writ petition the petitioner has prayed for to issue a writ or direction for quashing the impugned judgment and decree dated 21.11.2002 passed by Additional Chief Revenue Commissioner, Nainital in Second Appeal No. 18 of 2000-2001 by which the judgment passed in Z.A. Appeal No. 32/40 year 99-2000 was affirmed and further prayer has been made to remand the matter back for consideration on each issue framed by the trial court, in accordance with law.
(2.) Brief facts of the case, according to the petitioner, are that the father of the petitioner, Sri Laltu S/o Devi and late husband of respondent No. 2 Sri Pothi S/o Devi were two real brothers. Sri Pothi had died issueless on 04.10.1981 and name of his widow was recorded in revenue record. Thereafter, she remarried with one Sri Chothe (Chotu), then father of the petitioner filed mutation application before Tehsildar which was allowed on 30.1.1992, which has been annexed as annexure No. 2 to the writ petition. Therefore, respondent No. 2 filed a suit, under Section 229-B/176 of UPZA&LR Act before the Assistant Collector/S.D.O., Khatima. The suit was contested by the petitioner by filing written statement. Both the parties have led their evidence in support of their case. The learned Assistant Collector vide order dated 30.03.1998, after the hearing of the parties, decreed the suit in favour of the plaintiff/respondent No. 2. Aggrieved by the judgment and decree, the petitioner, preferred an appeal before the learned Additional Commissioner, Kumaun Mandal, Nainital, who vide order dated 06.10.1998 allowed the appeal and remanded the case to the trial court. Thereafter, the learned Assistant Collector has given opportunity to both the parties to adduce fresh evidence and after hearing the parties, the suit was decreed in favour of the plaintiff vide order dated 15.12.1999 (annexure No. 12 to the writ petition).
(3.) Further aggrieved by the judgment and decree, the petitioner preferred an appeal against the said order before the learned Additional Commissioner (Judicial), Kumaun Mandal, Nainital. The learned Additional Commissioner partly allowed the appeal and it was held that the land which was held by Late Pothi Ram, husband of respondent No. 2 Phool Kunwar, was given on lease under the Government Grant Act no Bhumidhari Right can be given over that land, since it is a Government land.;

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