STATE OF UTTARANCHAL Vs. DISTRICT JUDGE, UTTARKASHI

JUDGEMENT

(1.) BY means of this writ petition under Article 227 of the Constitution of India, the petitioner -State made a prayer to issue a rule, order or direction in the nature of certiorari to set -aside the impugned judgment and order dated 22 -12 -2001 (Annexure -4) passed by respondent no. 1, District Judge, Uttarkashi. Brief facts relevant for the decision are as below: -

(2.) THAT revenue suit no. 15/1983 -84 under section 33/39 U.P. Land Revenue Act, 1901 was registered at the instance of Tehsildar Bhatwari, District Uttarkashi against the respondent nos. 2 and 3. It was pointed that due to clerical mistake the names of these respondants have wrongly been recorded against plot khasra no. 2723 instead of khasra no. 2713. The said suit after contest by these respondents was decided by Assistant Collector in favour of the petitioner per judgment and order dated 12 -2 -1985 and the necessary correction was made in the revenue records.

(3.) THAT after about ten years respondent no. 2 filed a regular civil suit no.19/1995 for relief of permanent injunction against the petitioner making respondent no. 3 as formal defendant to restrain the petitioner from interfering in his possession over plot khasra no. 2724 as well as plot khasra no. 2723 (which was subject matter of the aforesaid revenue suit).