BALWINDER KAUR Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) This judgment would be deciding the controversy which is identically involved in all the Writ Petitions (M/S) Nos. 2290 of 2016, 2287 of 2016, 2643 of 2016, 2295 of 2016, 2644 of 2016 and 2641 of 2016. For the sake of convenience, facts of Writ Petition No. 2295 of 2016 (M/S) are taken into consideration as to be leading case. The petitioners of the Writ Petition No. 2295 of 2016 (M/S) have sought the following reliefs :

(2.) For dealing with the controversy, the factual backdrop, under which, this writ petition has reached to this stage, is necessarily required to be dealt with.

(3.) The property, in dispute, which is a subject matter of controversy, are the property which are covered by the impugned order dated 12th July, 2016, i.e. the order of cancellation of patta alleged to have been granted to petitioners under the Government Grants Act, it constitutes as a land lying in Plot No. 66-N, 66, 69, 70, 110-N and 71-N, lying in khata No. 4 of village Rudrapur, Tehsil Kichha, District Udham Singh Nagar. The aforesaid land had the following areas recorded in the revenue record. For example, khasra No. 66 was having 23 bigha and 17 biswas, khasra No. 69, having 31 bigha, 16 biswas, khasra No. 70, having 82 bigha, 2 biswas khasra No. 71-N, having area of 2 bigha and 3 biswas and khasra 110-N, having area of two bigha and 8 biswas, which at the relevant time, i.e. in 1375 fasli, all khasra as detailed above, were recorded with in the name of one Mr. Harnam Singh in Shreni-10 ka.