JAHID HUSSAIN Vs. ADDITIONAL CHIEF REVENUE COMMISSIONER

JUDGEMENT

(1.) BY this writ petition the petitioners have challenged the order -dated 22.5.2003 passed by the Additional Chief Revenue Commissioner, Uttaranchal, Circuit Court, Nainital.

(2.) BRIEF facts giving rise to this writ petition are that the petitioners filed a revenue suit No. 22/211 of 1988 -89 under section 229B of U.P.Z.A.& L.R. Act for declaration of their rights in their favour in respect of the land in Khasra no. 312/1 area .024 hectare and in Khasra No. 312/1 area .336 hectare in village Ujain Tanda, Tehsil Kashipur, District Udham Singh Nagar. Vide order -dated 7.3.1990 the suit was decreed in favour of the petitioners by the Assistant Collector, Kashipur but in the mean while the said land was mutated in the name of some other person in exchange. Due to the changed circumstances the petitioner moved another application no. 22/28 of 198990 under section 161 of U.P.Z.A.& L.R. Act for exchange of its allotted land in village Ujjain to some other land in village Jaspur Khurd. The application was allowed by the Assistant Collector, Kashipur vide order dated 25.5.1990 for exchange moved by the petitioners under section 161 of U.P.Z.A.& L.R. Act and directed the name of the petitioners to be recorded in the revenue record in the category of Bhumidhar with non transferable rights in respect of the land in khasra no. 269/3 measuring 0.096 hectare and khasra no. 507/1 measuring 0.206 hectare pertaining to village Jaspur Khurd and Khasra no. 30 measuring 0.069 hectare and accordingly they were given possession over the land in dispute and their names were also recorded in the revenue record.

(3.) ON a recall petition filed by the Gaon Sabha, the Assistant Collector, Kashipur allowed the said application on 23.12.1997. The petitioners have preferred an appeal before the Commissioner, Kumaon, Nainital being appeal No. 49/14 of 1997 -98. On 20.5.1998 Sri N.K. Arya, Additional Commissioner has dismissed the appeal no. 49/14 of 1997 -98 against which the petitioners have preferred appeal before the Board of Revenue being Second Appeal no. 72 of 1998.