ANITA KANDWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This C528 application has been filed by the applicant challenging the order dtd. 27/10/2025, passed by learned Ist Additional Sessions Judge, Rishikesh, Dehradun in Criminal Revision No.43 of 2025, Anita Kandwal Vs. State of Uttarakhand, whereby the revision petition was rejected and the orders passed by learned Sub-Divisional Magistrate dtd. 20/1/2017 and 11/6/2024 were affirmed.

(2.) It is contended by learned Senior Advocate for the applicant that way back in the year 1950 a large chunk of land i.e., 2866 acres, was leased out to Pashulok Seva Samiti (a society), Rishikesh, for the purpose of allotting it to the landless poor families of the area. Subsequently the aforesaid land allotment to the Pashulok Seva Samiti was withdrawn by the Forest Department of the erstwhile State of Uttar Pradesh on 23/10/1984. The father of respondent no.3 - Tek Chand filed an Original Suit No.73 of 1977, Pyaare Lal Vs. Bhag Mal and others, in the court of learned Civil Judge, Rishikesh, (Pyaar Lal was father of Tek Chand). The suit was decreed on 24/11/1983 on the basis of a compromise entered into between the predecessors of Tek Chand and Bhag Mal. A decree of mandatory injunction was issued for delivering possession to the predecessors of respondent no.3. The execution application was filed on 23/11/1984 and was finally decided and a possession was handed-over to the respondent no.3.

(3.) In between the entire land was taken back by the "surrender deed" by the respondent-State through Forest Department.