- (1.) B. S. Verma, J. By means of this writ petition, the petitioner has sought a writ, order or direction to set aside the order dated 18. 8. 2003 passed by Assistant Collector, 1st Class, Bhawar Haldwani, District Nainital (Annexure No. 3 to the writ petition) and the order dated 4. 8. 2004 passed by Commissioner, Kumaon Division, Nainital (Annexure No. 4 to the writ pe tition) whereby the land of the respond ent nos. 1 and 2 was declared non-ag ricultural under Section 143 of the U. P. Z. A. & L. R. Act.
(2.) ACCORDING to the learned counsel for the petitioner, the petitioner claims himself to be the owner and bhumidhar of the land and also claiming the pos session of the land. It is not disputed that the petitioner is not a recorded tenure holder. The respondent nos. 1 and 2 are recorded tenure holders. The application under Section 143 of U. P. Z. A. & LR. Act was moved before the Assistant Collector, 1st Class. Bhawar Haldwani, District Nainital by the respondent which was registered as Revenue Suit No. 22/175 of 2003 (Pankaj Pandey and another Vs. Stale of Uttaranchal ). The Assistant Collector obtained the report from Tehsildar, Haldwani wherein the Tehsildar, Haldwani reported to the Assistant Collector that the Plot No. 112 minjubla area 0. 057 hectare is not being used for the agricultural purpose. After hearing to the respondent nos. 1 and 2, on the basis of the report of Tehsildar, the Plot No. 112 minjubla area 0. 057 hectare was declared non-agricultural land by the Assistant Col lector on 18. 8. 2003.
(3.) AGGRIEVED by the order of the As sistant Collector, the petitioner preferred revision before the Commissioner, Kumaon Division, Nainital. On 4. 8. 2004 the learned Commissioner, Kumaon Division, Nainital, after hearing the peti tioner as well as the respondent nos. 1 and 2, dismissed the revision on the ground that the petitioner is not a re corded tenure holder. Learned counsel for the petitioner has further contended that the petitioner had filed a suit (Suit, No. 22/41 (2000-2001) Shiv Kumar Vs. State of UP. and others under Section 229 B of U. P. Z. A. & L. R. Act in the court of Assistant Col lector/sub Divisional Officer, Bhawar Haldwani, District Nainital. The Assist ant Collector/sub Divisional Officer dis missed the suit on 18. 7. 2002 on the ground of lack of jurisdiction.;