LEVIN KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this writ petition, the petitioner has challenged the judgment and order dtd. 28/11/2023 passed by the Board of Revenue (Full Bench) Dehradun (Annexed as Annexure No. 8 to the writ petition), whereby, Review Petition No.02 of 2022-23, Levin Kumar vs. State of Uttarakhand, was dismissed by the Full Bench of Board of Revenue, Dehradun, against the judgment and order passed by the Board of Revenue dtd. 1/9/2023 in Revision No.13 of 2022-23, Levin Kumar vs. State of Uttarakhand, as well as the order dtd. 16/2/2023 passed by the Additional Collector (Finance and Revenue), Haridwar (Annexure No.4 to the writ petition) whereby the Case No.5 of 2021-22, State vs. Levin Kumar and others, was allowed.

(3.) The facts of the case as reflected from the pleadings are that Levin Kumar has purchased a land comprising in Khatauni Khata No.414ga area admeasuring 0.0078 hectare, Khasra No.415Kha admeasuring 0.0330 hectare, Khasra No.425Ka admeasuring 0.0434 hectare, Khasra No.426Ka admeasuring 0.0961 hectare, total 0.1803 hectare and Khasra No.361Ga, admeasuring 0.2730 hectare of village Raulahedi from Guddu and Suraj Pal s/o Hari Ram, by way of a sale deed dtd. 27/7/2013. The petitioner belongs to scheduled caste while seller of the land Guddu and Suraj Pal s/o Hari Ram were belonging to scheduled caste. Since the land was allotted to Hari Ram on Patta on 27/1/1976 and later on under Sec. 131B of the The Uttarakhand Zamindari Abolition and Land Reforms Act, 1950, as amended (hereinafter referred to as the Act) he became bhumidhar with Transferable Rights.