HIMSHIKHA INFRASTRUCTURE PVT LTD Vs. PAYYAM

JUDGEMENT

(1.) SINCE , all the present writ petitions involve identical question of facts and law, therefore, with the consent of learned counsel for the parties, all the writ petitions are heard together and are being decided by this common judgment. However, for the sake of convenience, the facts of Writ Petition (M/S) No. 661 of 2015 are being referred to in this judgment.

(2.) PRESENT petition is filed assailing the Order dated 26.02.2014 passed by the Collector, Dehradun as well as Order dated 13.02.2015 passed by the Board of Revenue, Uttarakhand, whereby application of the petitioner seeking mutation on the basis of sale deed dated 13.03.2012, executed by Zeshanullah, Zakarullah, M. Fasiullah, Asifullah, Imran, Naeem and Shri Shekh Saifullah in favour of the petitioner pertaining to non -Z.A. land Khewat No. 1, Khata Khatauni No. 12, Village Bharuwala Grant, Pargana Kendriyadoon, Tehsil and District Dehradun was rejected and revisions arising therefrom were also dismissed by the Board of Revenue.

(3.) BRIEF facts of the present case, inter alia, are that petitioner moved mutation application claiming himself as vendee/purchaser of the land Khewat No. 1, Khata Khatauni No. 12, Village Bharuwala Grant, Pargana Kendriyadoon, Tehsil and District Dehradun from the co -owners of Khewat Zishanullah and others. Mutation application was registered as Case No. 28 of 2012 -13 in the Court of Collector, Dehradun. Meanwhile, co -owners of Khewat No. 1 Fazal Ilahi Begam, daughter of Habib Hussain expired. Therefore, respondents, herein, claiming themselves as legal heirs of Smt. Roshan Ara Begam moved another mutation application, which was registered as case No. 72 of 2013 -14 before the Collector, Dehradun. Since, respondents were found to be legal heirs of co -owners of the Khewat Smt. Roshan Ara Begam, therefore, their names were directed to be mutated by the Collector, as co -sharers of Khewat No. 1 being legal heirs of Smt. Roshan Ara Begam, vide order dated 31.10.2013.