- (1.) HEARD the learned counsel for the parties at length.
(2.) BY the present writ petition the petitioners have prayed for a writ of certiorari quashing the orders dated 21-2-2003 and 31-12-2003 passed by the respondent no. 1 and order dated 6-10-2001 passed by the respondent no. 3. Briefly stated according to the petitioners they are the recorded co-tenure holders of 54. 1 Bigha land situ ated at village Haripur (Colonel Ward) at Haldwani, District Nainital being Khasra No. 7. The grand father of the petitioners late Jwala Dutt Bhatt was cultivating the land in question before 1966 F, since then he was in continu ous possession over the land in ques tion. The name of the father of the pe titioners was recorded in the revenue record as co-tenure holder along with Sri Narayana Singh Bora father of the respondent no. 5. In the year 1976-77 Sri Prakash Chandra Bora son of Sri Narayan Singh Bora respondent no. 5, who is also recorded as co-sharer of the land in the revenue record, filed a rev enue suit No. 22/56 of 1976-77 under section 229-B of the U. PZ. A. and L. R. Act, against State of U. P. and the father of respondents no. 1 to 4 in the Court of Assistant Collector, Bhaber, Haldwani with the prayer that he be declared sole tenant in possession of the land in suit. On 25-5-1978 Sri Prakash Chandra Bora moved an ap plication for withdrawal of the said suit No. 22/56 76-77 Prakash Chandra Bora vs. State of U. P and others, which was allowed by the Court of Assistant Collector. However he moved an appli cation on 13-7-1978 for setting aside the order dated 25-5-1978 which was rejected on 18-11-1980. Against that order Sri Prakash Chandra Bora filed an appeal No. 207/42 of 1980-81 be fore the Commissioner Kumaon Divi sion, Nainital, which was also dismissed vide order dated 12-5-1983. On 18-11-2001 respondent no. 4 Sri Ajay Kumar Shah moved an application before re spondent no. 3 Assistant Collector, Haldwani under section 33/39 of U. PLand Revenue Act for correction of rev enue record and prayed that the name of the respondent no. 4 be recorded in column no. 2 of the Khatauni as Class I-A Bhumidhar. The petitioners have filed objections against the said appli cation. Respondent no. 3, Assistant Collector, Haldwani vide order dated 6-10-2001 allowed the said application and declared Sri Ajay Lal Shah as sole tenant of the land in question on the ground that the land in question was purchased by him by way of registered sale deed from respondent no. 5 on 22-12-1979. Against the order dated 6-10-2001, the petitioners have filed a revi sion No. 4/34 of 2001-2002 Mahim Bhatt vs. Ajai Kumar Shah and others, which was allowed by the Additional Commissioner on 27- 8-2002 and set aside the order dated 6-10-2001.
(3.) THE respondent no. 4 preferred a revision before the Additional Chief Revenue Commissioner challenging the order dated 27-8-2002, which was allowed by the respondent no. 1 vide im pugned order dated 31-12-2003. Feel ing aggrieved the present writ petition has been filed by the petitioners. Respondent no. 4 filed the coun ter affidavit and denied the allegations made in the petition. He has submitted that initially the property in dispute was purchased on 6-2-1950 by Mr. Narayan Singh Bora from its erstwhile owner Mr. Leeladhar Pandey for a consideration of Rs. 17,000/ -. Adjacent to the plot purchased by Mr. Narayan Singh Bora there was plot of Mr. Jwala Dutt Bhatt. Proceedings for demarcation was initi ated in between the two parties and in consequence of the said proceedings the land of Mr. Narayan Singh Bora and Jwala Dutt Bhatt was separated but by mistake the two persons were jointly recorded in the revenue records. The property purchased by respondent no. 4 from a recorded Bhumidhar by the sale deed dated 22-12-1979 was a valid registered document and the same will always hold good until and unless it is set aside on being challenged by a competent court.;