- (1.) RAJESH Tandon. J. Heard Sri V. N. Agarwal, counsel for the petitioners and Sri Ramji Srivastava, counsel for the respondents.
(2.) BY the present writ petition, the petitioners have prayed for a writ of certiorari quashing the order- dated 11-6-1990, passed by the respondent no. 1. According to the petitioners plot no. 168 area 1. 03 acre situated in vil lage Phasiapur, Tehsil Kashipur was al lotted to them in the year 1953 by the Land Management Committee. The patta was executed in favour of the pe titioners on 1/- 6-1953. Respondent no. 2 got his name mutated over the said property in the municipal records vide order dated 30-12-1978. When the pe titioners brought this fact in the notice of Municipal Board, the entry in favour of the respondent no. 2 was struck down by the order of S. D. M. who was Officer Incharge of the Municipal Board. Respondent no. 2, filed a suit for permanent injunction against the peti tioners restraining him (sic) from inter fering in his possession over the land, before the Munsif, Kashipur being suit No. 216 of 1979. The suit was dismissed by the Munsif vide judgment and decree dated 29-4-1981. Against the aforesaid order respondent no. 2 filed appeal be fore the 1st Additional District Judge, Nainital, which was also dismissed on 25-11-1981. Against the said order the respondent no. 2 filed a second appeal before the High Court, which is still pending.
(3.) IN the mean time the respondent no. 2 moved an application under sec tion 198 of U. P. Z. A. & L. R. Act, before the Collector, Nainital for cancellation of Patta in favour of the petitioners on 24-7- 1981. The application of the respond ent no. 2 was dismissed vide order dated 23-7- 1983. Against the aforesaid order the respondent no. 2 preferred an appeal before the Commissioner, Kumaun Divi sion. The appeal was also dismissed vide order dated 6-5-1985. Against the order of the Commissioner, respondent no. 2 preferred a revision before the Board of Revenue, U. P. The Board of Revenue al lowed the revision vide order dated 18-6-1990 and set aside the orders passed by the Collector as well as by the Com missioner Kumaun Division. Feeling aggrieved by the order dated 18-6-1990 passed by the Board of Revenue, the petitioners have preferred the present writ petition.;