SHIV KUMAR S/O SRI RAJA RAM R/O VILLAGE GORAKHPUR TALLA AT PRESENT SHOP NO 92 BARTAN BAZAR HALDWANI NAINITAL Vs. PANKAJ PANDEY SON OF LATE SRI DEVKI NANDAN PANDEY R/O GORAKHPUR TALLA TEHSIL HALDWANI DISTRICT NAINITAL

JUDGEMENT

(1.) B. S. Verma, J. By means of this writ petition, the petitioner has sought a writ, order or direction to set aside the order dated 18. 8. 2003 passed by Assistant Collector, 1st Class, Bhawar Haldwani, District Nainital (Annexure No. 3 to the writ petition) and the order dated 4. 8. 2004 passed by Commissioner, Kumaon Division, Nainital (Annexure No. 4 to the writ pe tition) whereby the land of the respond ent nos. 1 and 2 was declared non-ag ricultural under Section 143 of the U. P. Z. A. & L. R. Act.

(2.) ACCORDING to the learned counsel for the petitioner, the petitioner claims himself to be the owner and bhumidhar of the land and also claiming the pos session of the land. It is not disputed that the petitioner is not a recorded tenure holder. The respondent nos. 1 and 2 are recorded tenure holders.

(3.) AGGRIEVED by the order of the As sistant Collector, the petitioner preferred revision before the Commissioner, Kumaon Division, Nainital. On 4. 8. 2004 the learned Commissioner, Kumaon Division, Nainital, after hearing the peti tioner as well as the respondent nos. 1 and 2, dismissed the revision on the ground that the petitioner is not a re corded tenure holder.