RAJ KUMAR SONI Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) On 31-3-1993 the Sub-Divisional Officer, Kotdwar accorded approval to allot the land in question admeasuring Ac.0-053 hectare in Khasra No.1003 situated at village Jhonk, District Pauri Garhwal (Uttaranchal) to one Mahanth Govind Das. On the same day, the Sub-Divisional Officer executed a lease deed in favour of the allottee for a period of thirty years from the date of execution of the lease deed. The said Mahanth Govind Das is stated to have applied for and obtained a sanctioned plan for raising certain constructions from the Development Authority, Haridwar. The appellants herein purchased the constructions raised/Malwa under the registered sale deed dated 26-4-1995 from the said Mahanth Govind Das. The appellants claim to have purchased the land also, as is evident from their pleadings and contentions raised in the writ petition. Be it noted, the land admittedly belongs to Government.

(3.) The appellants, by their application dated 15-5-1995 requested the Collector to grant mutation in their favour, in which it is stated that they have purchased the debris and not the land from Mahanth Govind Das. The Deputy Collector, having considered the application so submitted by the appellants found "the holder of grant Mahant Govind Das sold the debris of residential building and the shops along with the possession through the registered sale deed in favour of the applicants on 2-5-1995. In case the debris is removed due to violation of the grant, then there is possibility of starting of unnecessary litigation and if Pakka houses are removed, then many legal hurdles might arise, which are not benefit the State Government. Therefore it is not appear proper to dispossess them from the land. (sic)" The Deputy Collector however, disposed of the application directing the transfer of the land itself in the names of the appellants on payment of land revenue at Rs.157.50 paise.