BALVAN SINGH Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) Present petition is filed assailing the impugned order dated 01.05.2008, passed by the Chairman, Uttarakhand Scheduled Castes and Scheduled Tribes Commission, whereby direction was issued that property of the respondent No. 4, who is a scheduled caste be got vacated from the possession of the petitioner and thereafter, vacant possession may be handed over in favor of the respondent No. 4 herein. Undisputedly, suit under Sec. 229 -B of the U.P.Z.A. & L.R. Act, pertaining to the question of title is pending disposal between the petitioner and the respondent No. 4 in the Court of Assistant Collector, 1st Class. Therefore, the question as to whether transfer in favor of the petitioner is valid or is hit by Sec. 157A of the U.P.Z.A. & L.R. Act and the property stood vested in the State Government under Sec. 167 of the U.P.Z.A. & L.R. Act can very well be decided therein. On being asked repeatedly, Mr. Subhash Upadhyay, learned Chief Standing Counsel appearing for the respondent No. 1 to 3 and Mr. H.M. Bhatia, learned counsel for the respondent No. 4 could not reply under what provision of law Scheduled Castes and Scheduled Tribes Commission can pass order regarding the dispossession and delivery of the possession, therefore, order impugned is without jurisdiction. Consequently, writ petition succeeds and is hereby allowed. Impugned order is hereby set aside. However, it is made clear that suit pending disposal between the parties can be decided at its own merit in accordance with law without being prejudiced from any observation made by this Court in this judgment.

(2.) Both the CLMA Nos. 4818 and 8239 of 2008 also stand disposed of accordingly.