RAJENDRA PRASAD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard Sri K. S. Verma for the petitioner and Sri Nanak Chand Gupta. Standing Counsel for the respondents.

(2.) The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner inter alia challenging the judgment and order dated 23-9-2002 and 10-4-2003 passed by the Collector, Hardwar as well as by the Naib Tehsildar. Lakshar, District Hardwar who has been impleaded as respondent Nos. 2 and 3 respectively.

(3.) The facts leading to the present writ petition are that one Govind Sahai son of Chiranji Lai was the owner of Khasara No. l'31/32 situated in Mauja Laksari Paragna Manglaur Tehsil Laksar, District Hardwar. It was alleged by the petitioner that on 1-6-1959 Govind Sahay executed a Will in favour of Lekhraj, father of the petitioner. Lekhraj died on 11-1-1991 and the land in question was mutated in favour of the petitioner and his three brothers. On 20-12-2000 order was passed regarding mutation by the Naib Tehsildar in the proceedings of case No. 416 of 1999 under the provisions of Sections 34/35 of U. P. Land Revenue Act. One Bhartu respondent No. 4 on 17-7-2001 has moved a restoration application as well as for setting aside the order dated 20-12-2000 supported by an application under Section 5 of the Limitation Act, for condonation of delay in filing the application. On 30-9-2002 order dated 20-12-2002 (20-12-2000) was set aside. Against the said order a revision was filed and the same was dismissed on 10-4-2003 by the Collector, Hardwar.