OM PRAKASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. Raman Kumar Shah, learned counsel for the petitioners and Mr. R. C. Arya, learned Brief Holder for the State-respondents.

(2.) By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the order dated 19/2/1991 (Annexure No. 2) passed by the Collector, Pauri Garhwal as well as the order dated 18/7/1991 (Annexure No. 4) passed by the Commissioner, Garhwal Division Pauri Garhwal.

(3.) Brief facts giving rise to the present writ petition are that the petitioners father Sri Tota Ram had purchased the land measuring 2.41 acres situated in Village Dhrovepur, Kotdwar, District Pauri Garhwal of which agreement for sale was executed on 25-8-1969 by one Sri Kedar Singh in his favour. The petitioners in the year 1990 sent a notice under Section 80 of CPC to the Collector, Pauri Garhwal on the ground that since the petitioners have acquired the title of the land by way of adverse possession and in case their name is not recorded in the revenue records, the petitioners would be compelled to institute a suit for declaration under Section 229-B of U.P.Z.A. and L.R. Act.