VIJAY KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has invoked extraordinary jurisdiction of this Court under Article 227 of the Constitution of India seeking writ of certiorari calling the records of the case and to quash the order dtd. 5/12/2018 passed by learned Commissioner, Kumaon Division, Nainital in revision no. 142018-19, Chandan Singh and others vs. Vijay Kumar and others and further to confirm the order of the status quo dtd. 16/11/2018 passed by the trial court.

(2.) Facts, in brief, are that plaintiffs (petitioners herein) had filed Revenue Case No. 22235 of 2018-19 under Sec. 229-B of Uttar Pradesh Zamindari Abolition and Land Reforms Act (hereinafter referred as UPZA&LR Act) seeking declaration of their rights over the land in dispute. During pendency of the suit, plaintiffs filed an application under Sec. 229-D of U.P.Z.A. and L.R. Act seeking interim injunction against the respondents. The Assistant Collector, 1st Class Bhawar, Haldwani passed the order dtd. 6/11/2018 and fixed the matter for 21/12/2018 with the direction that Khata Khatoni No. 309 Fasli 1424-1429 and its plot (khet) no. 141, 144, 146 measuring 0.734 hect., may not be disturbed or transferred and no changes have been made in the revenue records and respondents shall maintain status quo.

(3.) Feeling aggrieved, respondents preferred revision no. 14 of 2018-19, Chandan Singh and ors. Vs. Vijay Kumar and ors., under Sec. 333 of U.P.Z.A. and L.R. Act before the Commissioner, Kumaon Division, Nainital. The learned Commissioner by order dtd. 5/12/2018, stayed the effect and operation of the order dtd. 16/11/2018. Hence, this petition.