RANJEET SINGH Vs. ADDITIONAL CHIEF REVENUE COMMISSIONER

JUDGEMENT

(1.) HEARD Mr. N.S. Negi, learned counsel for the petitioners, Mr. Rajesh Sharma, learned Brief Holder for the State and Mr. Pankaj Purohit, learned counsel for private respondents.

(2.) BY means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the orders dated 21.5.2004 passed by Additional Chief Revenue Commissioner, order dated 25.1.2000 passed by respondent no.2 Additional Commissioner Administration and order dated 30.12.1995 passed by Assistant Collector First Class Chamoli (Annexure Nos.6, 5 and 4 to the writ petition).

(3.) COUNTER affidavit has been filed by respondent nos.4 to 9 wherein at para -2(b) it has been stated that the plaintiffs/respondents are the recorded Bhumidhar of plot No.4296 measuring 4 Nalis and 10 Muthis of Khata Khatauni No.62 of village Siyari Bangali. On 18.5.1982 the father of the petitioners forcibly harvested the crop sown by the plaintiffs/respondents over the land in dispute and when the plaintiffs/respondents objected on his illegal action he threatened the plaintiffs/respondents. On 19.5.1982 a first information report was lodged by the plaintiffs/respondents against the petitioners/defendants with Patwari Circle Ghat, Tehsil and District Chamoli and on 28.5.1982 an application under section 145 Cr.P.C. was presented before the learned Sub Divisional Magistrate, Chamoli. The learned Magistrate vide its order dated 4.4.1986 attached the land in dispute and handed over the said land in the Superdagi of Gram Pradhan Gram Sabha Siyari Bangali. It was further directed by the learned Sub Divisional Magistrate Chamoli that the parties may file a suit before a court of competent jurisdiction to recover the possession. With these averments the revenue suit was filed for ejectment of the petitioners/defendant from the land in dispute.