MAHENDRAPAL SINGH Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-10-70
HIGH COURT OF UTTARAKHAND
Decided on October 30,2013

MAHENDRAPAL SINGH Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Alok Singh, J. - (1.) Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dated 21.10.2013, passed by the Collector, Nainital whereby petitioner was directed to be placed under suspension forthwith.
(2.) Brief facts of the present case, inter alia, are that Shri Kishan Lal Sah S/o late Shri Bihari Lal, Shri Manish @ Manoj Sah S/o Basant Lal Sah and Shri Yogesh Sah S/o late Shri N.P. Sah resident of Nainital made complaint to the effect that Shri Nimesh Sah, Sri Mantosh Sah and Sri Deepak Sah with the collusion of official of Tehsil were able to get land of khata No. 468 mutated in their favour on the basis of forged and fictitious will. Therefore, mutation made on the basis of fictitious and forged will should be recalled.
(3.) On the complaint of Shri Kishan Lal Sah and others, inquiry was initiated and Addl. Collector, Nainital, vide report dated 25.09.2013, reported to the Collector, Nainital that file of case No. 30/311 of 2005- 06 pertaining to the mutation in dispute is not available in the Tehsil. Therefore, disciplinary action may be 2 initiated against Registrar Kanoongo, Shri Vasi Khan and Assistant Registrar Kanoongo, Mahendra Pal Singh, petitioner herein. Having received the report of Additional Collector dated 25.09.2013, Collector, Nainital appointed Deputy Collector, Ramnagar as inquiry officer and directed to place the petitioner under suspension. Feeling aggrieved, petitioner has filed present petition.;


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