Decided on September 18,2013



B.S.VERMA, J. - (1.) HEARD Mr. N.S. Negi, learned counsel for the petitioners, Mr. Rajesh Sharma, learned Brief Holder for the State and Mr. Pankaj Purohit, learned counsel for private respondents.
(2.) BY means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the orders dated 21.5.2004 passed by Additional Chief Revenue Commissioner, order dated 25.1.2000 passed by respondent no.2 Additional Commissioner Administration and order dated 30.12.1995 passed by Assistant Collector First Class Chamoli (Annexure Nos.6, 5 and 4 to the writ petition). Brief facts of the case, giving rise to this writ petition are, that plaintiff/respondent nos.4 to 9 filed a suit u/s 209 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short, U.P.Z.A. and L.R. Act) for eviction of Late Sri Kundan Singh, the predecessor of the petitioners. The suit was contested by Late Sri Kundan Singh. Learned Assistant Collector framed relevant issues in the case. Thereafter both the parties led evidence. Learned trial court gave issue -wise finding, and on the basis of documentary evidence, has held that the plaintiff was in possession. The trial court did not find continuous adverse possession of defendant Late Sri Kundan Singh, his name was not recorded in class 9, and ultimately by judgment and order dated 30.12.1995, the trial court decreed the suit. Aggrieved by the order of trial court, first appeal was preferred. Learned appellate court after reappraisal of evidence, by a detailed order dated 25.1.2000, dismissed the appeal. Further aggrieved, second appeal was preferred before the learned Board of Revenue, which was remitted to Additional Chief Revenue Commissioner under Section 91 of U.P. Reorganisation Act, 2000. During the pendency of second appeal, defendant Kundan Singh died and was subsequently substituted by his legal representatives. Vide order dated 21.5.2004, learned Additional Chief Revenue Commissioner dismissed the second appeal and held that if the right of petitioners have been matured they ought to have filed a suit u/s 229 -B of the U.P.Z.A. & L.R. Act for declaration of their rights and that the suit has rightly been decreed by the Assistant Collector. Feeling aggrieved by the orders of the courts below, the petitioners have filed the present writ petition.
(3.) COUNTER affidavit has been filed by respondent nos.4 to 9 wherein at para -2(b) it has been stated that the plaintiffs/respondents are the recorded Bhumidhar of plot No.4296 measuring 4 Nalis and 10 Muthis of Khata Khatauni No.62 of village Siyari Bangali. On 18.5.1982 the father of the petitioners forcibly harvested the crop sown by the plaintiffs/respondents over the land in dispute and when the plaintiffs/respondents objected on his illegal action he threatened the plaintiffs/respondents. On 19.5.1982 a first information report was lodged by the plaintiffs/respondents against the petitioners/defendants with Patwari Circle Ghat, Tehsil and District Chamoli and on 28.5.1982 an application under section 145 Cr.P.C. was presented before the learned Sub Divisional Magistrate, Chamoli. The learned Magistrate vide its order dated 4.4.1986 attached the land in dispute and handed over the said land in the Superdagi of Gram Pradhan Gram Sabha Siyari Bangali. It was further directed by the learned Sub Divisional Magistrate Chamoli that the parties may file a suit before a court of competent jurisdiction to recover the possession. With these averments the revenue suit was filed for ejectment of the petitioners/defendant from the land in dispute. Rejoinder affidavit has also been filed by the petitioners wherein averments made in the writ petition are reiterated. ;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.