DARSHAN LAL Vs. STATE OF UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) By the present writ petition the petitioner has prayed for a writ of mandamus commanding the respondents to recover possession in pursuance of the orders dated 2.4.2003 and 30.4.2003

(3.) Briefly stated the facts giving rise to the present writ petition are that the petitioner has filed a suit under section 229-B, U.P.Z.A. and L.R Act for a declaration as Sirdar with regard to Khasra Plot No. 317 area 1.68 acre and Khasra Plot No. 55-1/3 area 32 acre, situated in Mauza Arcadia Grant, Dehradun on the basis of adverse possession. The suit was decided ex-parte on 19.6.1970 but further it was restored vide order dated 8.12.1982. The suit was dismissed in default on 1.2.1984 and the petitioner filed a restoration application but it was dismissed vide order on 13.11.1991. Thereafter on appeal having been preferred before the Commissioner against the order dated 1.2.1984, the Additional Commissioner vide order dated 17.4.1998 restored the suit in its original number and remanded the case to the Trial Court. A second appeal has been preferred by the respondents before the Board of Revenue and the second appeal is still pending before the Chief Revenue Commissioner.