DHALUWALAL KUSHTA SEWA SAMITI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD Sri U. K. Uniyal, Sr. Advo cate, assisted by Sri Sobhit Saharia counsel for the petitioner, Standing Counsel for respondent no. 1 to 3 and Sri Lokendra Dobhal and Sri K. N. Joshi counsel for the respondent no. 4.

(2.) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 8-9-2000 passed by the respondents no. 1.

(3.) THE respondents have filed counter affidavit and have alleged that Bachan Singh maternal uncle of respondent no. 4 was in possession over the disputed land since 1940 and in accordance with the provisions of section 180 (2) of U. P. Tenancy Act, he has become Bhumidhar over the land in dispute. As per notification dated 16-2-1981, the respondent no. 4 is entitled to be regularized over the land in dispute and he comes in the class of landless agricultural labourer. Patwarl concerned, in proceedings under Section 122 (B) of U. PZ. A. and L. R. Act has stated that Bachan Singh maternal uncle of respondent no. 4 was in possession over the land in dispute since 1940. Other witnesses Dhum Singh and Bachan Singh have also stated in their statement that the respondent no. 4 is in possession over the land in dispute prior to the year 1958.