SUSHIL KUMAR Vs. COMMISSIONER GARHWAL MANDAL PAURI
LAWS(UTN)-2013-8-35
HIGH COURT OF UTTARAKHAND
Decided on August 17,2013

SUSHIL KUMAR Appellant
VERSUS
Commissioner Garhwal Mandal Pauri Respondents

JUDGEMENT

Brahma Singh Verma, J. - (1.) HEARD on restoration application No. 275/2013. This application has been moved to recall the order dated 15.5.2013 passed by this Court, whereby the writ petition has been dismissed for want of prosecution. The reasons shown in the accompanying affidavit are sufficient to recall the order. The restoration application is allowed. The order dated 15.5.2013 is recalled and the writ petition is restored to its original number.
(2.) THE writ petition is also heard on merit. By means of this petition the petitioner has sought a writ in the nature of certiorari for quashing the order dated 26 -10 -2006 passed by Assistant Collector 1st class S.D.O. Dehradun and judgment and order dated 9 -9 -2009, passed by Commissioner Garhwal Mandal Pauri (Annexure Nos. 4 and 6 to the writ petition).
(3.) VIDE order dated 26 -10 -2006 the learned Assistant Collector 1st class S.D.O. (Sadar). Dehradun ordered to vest the land in State on the ground that the transfer was made by the seller -respondent N. 4 in contravention of provision of Section 166 of the U.P. Z.A. and L.R. Act and therefore the land has vested in the State U/S. 167 of the Act. Vide order dated 9 -9 -2009 the revision preferred by the petitioners was dismissed by the Commissioner Garhwal Mandal Pauri.;


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