KRISHNA ARYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A suit for declaration of bhumidhari rights was filed by none else but the State Government through Director, Secondary Education as plaintiff no. 1, District Education Officer, Nainital as plaintiff no. 2 and the Principal, Leelawati Pant Government Inter College, Bhimtal, District Nainital as plaintiff no. 3, in the year 2012 against the present petitioner for an area measuring 0.41 hectares situated at Village Sanguri, Tehsil and District Nainital. The claim of the plaintiffs was based on the fact that in the year 1951, the land which was recorded in the revenue record in the name of Revenue Department was transferred to the Education Department and thereafter was given for use of Leelawati Pant Government Inter College at Bhimtal and there has been an encroachment on the said land at the hands of the defendants.

(2.) A suit being filed by the State Government for declaration of its right on a land on the face of it is anomalous. Nevertheless the suit was decreed by the Assistant Collector, First Class vide order dtd. 29/2/2016.

(3.) The defendant had raised a preliminary objection in the suit itself regarding the maintainability of the suit. His objection was that a suit cannot be filed by the State Government for declaration of bhumidhari rights in its favour under Sec. 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950. Not only this declaration of bhumidhari rights were given but it were given not just on the property which was measuring 0.41 hectare, but on a piece of land which would be more than two hectares (Fifty Five Nalis). In other words, what was not even prayed in the plaint.