STATE OF UTTARANCHAL Vs. ADDITIONAL CHIEF REVENUE COMMISSIONER, CIRCUIT COURT, UTTARANCHAL, NAINITAL AND OTHERS

JUDGEMENT

(1.) Heard Sri M.C. Tiwari, Standing Counsel for the petitioner and Sri Akhilesh Kalra, Advocate for the respondents.

(2.) By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the judgment and order dated 3.6.2002 passed by the Additional Chief Revenue Commissioner in Second Appeal No. 159 of 1993-94.

(3.) Briefly stated according to the petitioner one Sri Kashmir Singh who happened to be the father of Sri Sukhdev Singh respondent No. 2 filed a Suit No. 22/1001 (90-91) under section 229-B of U.P.Z.A. and L.R. Act for declaration of Bhumidhari rights on the basis of adverse possession over Khasara Nos. 97-M, 98-M, 113, 114 and 115 in village Himmatpur Talla Tehsil Haldvvani. It was stated that the original tenure holder of the land in question was Mool Chand s/o Shivdayal as per the entry in the revenue records. The plaintiff claimed himself in possession of the land in question since 1953-54. The petitioner alleged that initially his name was recorded in Class X-A under U.P. Tenancy Act and subsequently his name was recorded in Class-IV. The suit was contested by the State on the ground that the land in dispute is recorded in Class-IV and is governed by the Public Premises (Eviction of Unauthorised Occupants) Act and the relief sought by the plaintiff cannot be given. The Assistant Collector, Haldwani dismissed the suit vide order dated 28.5.1993. Aggrieved by that order the plaintiff Kashmir Singh filed appeal before the Commissioner, Kumaon Division, Nainital. The Commissioner dismissed the appeal vide judgment and order dated 17.3.1994 against which the plaintiff preferred Second Appeal No. 169 of 1993-94 before the Board of Revenue U.P., Allahabad. During the pendency of the appeal Kashmir Singh died and his son Sukhdev Singh (respondent No. 2) was substituted. After creation of State of Uttaranchal the appeal was transferred to the Additional Chief Revenue Commissioner, Circuit Court, Nainital (respondent No. 1) for hearing. The second Appellate Court allowed the appeal vide order dated 3.6.2002 setting aside the order dated 17.3.1994 and 28.5.1993 passed by the Commissioner, Kumaon Division and Assistant Collector, Haldwani respectively. Feeling aggrieved State of Uttaranchal has filed the present writ petition.