RAVINDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) According to the petitioners, the petitioners are the legal heirs of Jagat Singh and Bhagat Singh. Jagat Singh and Bhagat Singh had filed two separate suits for declaration of their rights under Section 229-B of the U.P.Z.A. and L.R. Act. Both the suits were decreed by judgment and decree dated 26-9-1989 passed by the Assistant Collector, 1st Class, Kashipur. Against the said judgment and decree, Padam Ravindrajit Singh preferred appeals before the Commissioner, Kumaun Division, Nainital. The appeals were dismissed vide judgment and decree dated 6-10-1990. Thereafter, Second Appeals were preferred before the Additional Chief Revenue Commissioner, Uttaranchal, Dehradun, which too were dismissed on 25-2-2005.

(3.) Apart from the above, the respondent initiated a proceeding under Section 33/39 of the Land Revenue Act for correction of entries and thereafter, a proceeding under Section 145 Cr.P.C. was also initiated before the Executive Magistrate. The parties contested the matter upto the Apex Court. The Apex Court vide order dated 16-12-1987 disposed of the Criminal Appeal Nos. 666 to 669 arising out of SLP (Crl) Nos. 1464-67 of 1987 with the following observations:-