HARDEV SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of the present writ petition, the petitioner has prayed for issue a writ of certiorari quashing the impugned order dated 22 -10 -2008 (Annexure No. 6 to the writ petition) and the order dated 16 -9 -2009 (Annexure No. 7 to the writ petition) passed by the respondent no. 2. The petitioner has further sought a writ in the nature of mandamus commanding the respondents not to give effect to order dated 29 -7 -1984 passed by the respondent no. 2, as the same stands abated.

(2.) RELEVANT facts giving rise to the present writ petition are that proceedings under Section 8(4) Urban Land (Ceiling and Regulation) Act, 1976 (for short the Act) were initiated against the petitioner and another on the basis of draft statement no. 3870 submitted by the petitioner in respect of properties held by him. After necessary enquiry and on completion of all formalities, the learned Prescribed Authority by his order dated 27 -9 -1984 declared land measuring 6919.44 Sq. mt. of the petitioner as surplus land in possession of the petitioner and directed that the possession of the surplus land be taken of the entire plot no. 165 measuring 1.48 Acre and for the remaining surplus land possession of plot no. 375 of village Dhoran be taken and proceeding under Section 9 be initiated.

(3.) THE learned counsel for the petitioner has contended that in the possession certificate prepared by the authorities concerned, it is clearly mentioned that possession of plot no. 165 could not be taken by the State as the land is not identifiable. The petitioner has annexed copy of possession certificate dated 5 -7 -1987 as Annexure No.3 to the writ petition.