- (1.) HEARD Sri U. K. Uniyal, Sr. Advo cate, assisted by Sri Sobhit Saharia counsel for the petitioner, Standing Counsel for respondent no. 1 to 3 and Sri Lokendra Dobhal and Sri K. N. Joshi counsel for the respondent no. 4.
(2.) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 8-9-2000 passed by the respondents no. 1. Briefly stated Sri Bachan Singh maternal uncle of respondent no. 4 filed a suit under Section 229-B of U. RZ. A. and L. R. Act, for declaration of his ownership over Bhumidhari Khasra No. 1/13 area 16 Nali 14 Muthi land. During the pendency of the case Bachan Singh expired and the re spondent no. 4 Bhag Singh was sub stituted in place of his maternal un cle. According to the petitioner he is in actual physical possession since 1949 and his name was also entered in the revenue record in Varg-5. In the year 1969 the Kumaon and Garhwal Zamindari Abolition Act, came into existence in District Tehri Garhwal and as per provision of Section 10 of Kumaon Garhwal Zamindari Abolition Act, the persons, who were Sirdar prior to 30-6-1969, have become Asami after 30-6-1969 and as per pro visions of section 36 of the K. Z. A. Act. The Assistant Collector, Narendra Nagar by its order dated 25-11 -1992 dismissed the suit against which re spondent no. 4 file an appeal, which was decided vide order dated 30-8-1993 and the case was remanded back to the trial Court for deciding it afresh. Thereafter the trial court dis missed the suit ex parte vide order dated 25-2-1994. The respondent no. 4 filed an appeal before the Commis sioner, Garhwal Division who vide or der dated 20-6-1995 dismissed the same. Respondent no. 4 filed the sec ond appeal before the Board of Rev enue, who allowed the same vide or der dated 8-9-2000. Feeling aggrieved by the order passed by the Board of Revenue in Second appeal, present writ petition has been filed.
(3.) THE respondents have filed counter affidavit and have alleged that Bachan Singh maternal uncle of respondent no. 4 was in possession over the disputed land since 1940 and in accordance with the provisions of section 180 (2) of U. P. Tenancy Act, he has become Bhumidhar over the land in dispute. As per notification dated 16-2-1981, the respondent no. 4 is entitled to be regularized over the land in dispute and he comes in the class of landless agricultural labourer. Patwarl concerned, in proceedings under Section 122 (B) of U. PZ. A. and L. R. Act has stated that Bachan Singh maternal uncle of respondent no. 4 was in possession over the land in dispute since 1940. Other witnesses Dhum Singh and Bachan Singh have also stated in their statement that the respondent no. 4 is in possession over the land in dispute prior to the year 1958. Bachan Singh who was the maternal uncle of respondent no. 4 was the Sirtan of the land in question according to the laws relating to the land holdings in the erstwhile Tehri Garhwal State. He was regularly pay ing rent of the land to the Malgujar Sri Jappa Singh. On 1-7-1969 due to op eration of Kumaon Zamindari Aboli tion Act, Sri Bachan Singh has be come Sirtan and on 28-1-1977 he became Bhumidhar. Bachan Singh was in possession over the disputed land since 1940. There is colony for the persons suffering with leprosy but that colony has no concerned with the land of Bachan Singh.;