STATE OF UTTARAKHAND Vs. ABDUL RAZZAQ

JUDGEMENT

(1.) The matter is taken up under the caption "Orders on Application' filed by the learned counsel for the respondent under the Urgency Application for earlier disposal of the Writ Application. The Urgency Application is allowed. The Matter is taken up for final hearing.

(2.) Heard Mr. Suyash Pant, learned counsel for the State/Writ Applicant and Mr. Mohd. Alauddin, learned counsel for the respondent.

(3.) In this writ application, the State of Uttarakhand through the District Magistrate, Haridwar has assailed the final order dtd. 12/8/2013 passed by the learned Board of Revenue, Uttarakhand in Revision No. 22/2011-12, allowing the application of the respondent and setting aside the order passed by the Additional Collector (Revenue and Finance), Haridwar in Dispute Case No. 97 of 2005-06, bearing dtd. 8/11/2011, and revised the order dtd. 13/3/2012. The petitioner has purchased a piece of land, which is allegedly in-violation of Sec. 168-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, and an application under the provision of Sec. 34 and 35 of the U.P. Z.A & L.R. Act, was filed before the Tehsildar bearing case no. 487 of 2006. During the said proceedings, the Tehsildar on 4/7/2006 submitted the report of the Collector that since the transfer of land have been extended in violation of the provision of Sec. 168-A of the U. P. Z. A. & L. R. Act, therefore, the property detailed in the said report be vested in favour of the State Government.