DARSHAN SINGH Vs. ASSISTANT COLLECTOR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this writ petition filed under Article 227 of the Constitution of India, petitioner has sought the indulgence of this Court for issuance of writ of certiorari calling for the record and to quash the order dtd. 18/12/2023 (Annexure No.1) passed by respondent in Case No.01/2023-24 State Vs. Nirankar Singh and others, under Sec. 189 of U.P.Z.A.&L.R. Act, Village Azabpur Kalan, Tehsil and District Dehradun, whereby the land comprised in Khasra No.824Ga admeasuring 0.0310 Hectares was directed to be vested in the State.

(3.) The facts of the case in nutshell are that one-Meher Singh purchased the land in-question, by way of a registered sale deed on 22/8/1979 and came in possession of the aforesaid land. According to the petitioner, he is the real nephew of Meher Singh who died issueless. According to the order of succession, he is entitled to succeed aforesaid land. But, due to certain forged documents, one-Nirankar Singh S/o Sri Gajendra Singh R/o C-80, Devendrapuri, Modinagar, Gaziabad Uttar Pradesh and Sandeep Kumar S/o Sri Subhash Chand, R/o Kulan Kullan, Fatehabad, Haryana got the aforesaid land mutated in their names by way of alleged forged sale deed. Some complaints were received and an inquiry was conducted in respect of alleged forged sale deed and consequent mutation of the aforesaid land in their name. On inquiry, it was found that Nirankar Singh and Sandeep Kumar illegally got mutated the land in their names and accordingly, under Sec. 189 of the U.P.Z.A.&L.R. Act, the land subject matter of the original sale deed dtd. 27/8/1979 was proposed to be vested in the State.