OM PRAKASH Vs. STATE OF U P
LAWS(ALL)-2009-12-105
HIGH COURT OF ALLAHABAD
Decided on December 09,2009

OM PRAKASH Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) HEARD Mr. Raman Kumar Shah, learned counsel for the petitioners and Mr. R. C. Arya, learned Brief Holder for the State -respondents.
(2.) BY means of this writ petition, the peti ­tioners have sought a writ in the nature of certiorari quashing the order dated 19 -2 -1991 (Annexure No. 2) passed by the Collector, Pauri Garhwal as well as the order dated 18 -7 -1991 (Annexure No. 4) passed by the Com ­missioner, Garhwal Division Pauri Garhwal. Brief facts giving rise to the present writ petition are that the petitioners father Sri Tola Ram had purchased the land measuring 2.41 acres situated in Village Dhrovepur, Kotdwar, District Pauri Garhwal of which agreement for sale was executed on 25 -8 -1969 by one Sri Kedar Singh in his favour. The petitioners in the year 1990 sent a notice under Section 80 of CPC to the Collector, Pauri Garhwal on the ground that since the petitioners have acquired the title of the land by way of adverse possession and in case their name is not recorded in the revenue records, the petitioners would be compelled to insti ­tute a suit for declaration under Section 229 -B of U.P.Z.A. and L.R. Act.
(3.) IT has been stated in paragraph Nos. 6 and 7 of the writ petition that the petitioners had filed a suit in the Court of Assistant Col ­lector, Kotdwara under Section 229 -B of the U.P.Z.A. and L.R. Act. The Assistant Collec ­tor, Kotdwara on 16 -2 -1990 decreed the pe ­titioners' suit declaring the petitioners as bhumidhar of the land.;


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