LAWS(UTN)-2004-12-25

BIRENDRA SINGH Vs. STATE OF U P

Decided On December 06, 2004
BIRENDRA SINGH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

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

(2.) BY the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 28.10.1993 and 10.2.1992 passed by the District Judge, Chamoli and Prescribed Authority Okhimath respectively.

(3.) AFTER the remand order from the appellate Court the prescribed authority issued afresh notice under Section 4 (1) of the Act. The opposite party Birendra Singh filed written statement and had contended that he was in possession over the land in question since 1970. Challani land plots No. 1127 and 1138 is adjoining to his Napland plots No. 1128, 1129 and 1130 and he has acquired right over the land in question under Kumaun Nayabad and Weste Lands Act, 1948.