PRADEEP KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Pradeep Kumar And Others
State of Uttarakhand and another
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(1.) By way of instant petition, the petitioners have challenged the order dated 22.05.2012 and 10.05.2013 passed by Tehsildar Roorkee and Board of Revenue, Uttarakhand, Dehradun respectively.
(2.) Heard learned counsel for the parties and perused the record.
(3.) Contention of learned counsel for the petitioners is that one family settlement regarding the property in dispute was arrived at between the petitioners and respondent no.2, and same had acted upon by the parties. Document, in this regard, was prepared mentioning the shares of petitioners and respondent no.2 in the disputed property. Mutation Case No. 18 of 2011 was instituted before the Tehsildar, Roorkee on the basis of settlement, in which proclamation, as required under U.P. Land Revenue Act, 1901 was issued. It is also contended by the counsel for the petitioners that respondent no.2 filed his affidavit in the said mutation case, giving his consent for mutation. The Lekhpal concerned submitted his report in the said mutation case regarding possession of the parties on disputed property mentioning therein that the persons entered into family settlement, are the members of the same family. On 22.02.2012, mutation order was passed on the basis of said family settlement. Thereafter, on 21.05.2012, a time barred restoration application was filed by respondent no.2 for setting-aside the ex-parte order dated 22.02.2012 alongwith delay condonation application. It is contended that the Tehsildar, Roorkee allowed the said restoration application on 22.05.2012. Against the said order, the petitioners preferred a Revision No. 7 of 2011-12 before the Commissioner, Garhwal Mandal, Pauri, which was also dismissed by Chairman, Board of Revenue, Uttarakhand, Dehradun on 10.05.2013. Being aggrieved by these two orders, instant writ petition has been filed by the petitioners.;
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