SUMER CHAND Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) BY the present Writ Petition, the petitioner has sought a direction for setting aside the impugned orders dated 2.6.2003 and 28.7.2003 Annexures -III and VII to the Civil Petition. Further direction has been sought for deciding the appeal on behalf of the petitioner.

(2.) BRIEF facts giving rise to the aforesaid Writ Petition are that the petitioner has claimed himself as bhumidhar and owner in possession of the land comprised in Khasra No. 720 Ka min. measuring 0.8320 hectare i.e. 0.379 acres, situated in Mauza Suddhowala, Pargana Pachhwadoon, Tehsil Vikas Nagar, District Dehradun, bounded and butted as under :

(3.) IT appears that the proceedings under Section 166/167 of the U.P. Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred as the U.P., Z.A.L.R.) was initiated by the State of Uttaranchal v. Golden Forest Company, without impleading the petitioner as a party in the proceedings. The proceedings were dated on 2.6.2003. The petitioner came to know on 20.6.2003 and has filed the appeal before the Divisional Commissioner. The appeal of the petitioner came up for hearing before the Commissioner. On 28.8.2003, the appeal was dismissed on the ground that the petitioner was not a party to the proceedings hence the present Writ Petition has been filed challenging the aforesaid order.