Uttarakhand High Court
WPMS/1608/2022 on 12 July, 2022
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WPMS No. 1608 of 2022
Hon'ble Manoj Kumar Tiwari, J.
Mr. Bhuwan Bhatt, learned counsel for
the petitioner.
Mr. Yogesh Tiwari, learned Standing
Counsel for the State of Uttarakhand.
Petitioner filed an application for
correction of revenue record under Section
33/39 of Land Revenue Act, 1901, which
was allowed by the Assistant Collector 1st
Class, Vikasnagar, Dehradun vide order
dated 02.06.2014. Respondent no. 2 filed
an application seeking recall of the said
order, which was rejected vide order dated
16.03.2016. Respondent no. 2 thereafter
filed revision petition before Additional
Commissioner, Garhwal Division, which was
dismissed vide judgment dated 13.10.2017.
It is the case of the petitioner that at
the instance of respondent no. 2, State
Government intervened in the matter by
filing review/recall application, which was
allowed, however, subsequently vide
judgment dated 16.06.2018, the revision
was again dismissed by Additional
Commissioner. Thereafter, State
Government approached Board of Revenue
by filing Revision No. 96 of 2018-19, which
was allowed vide judgment dated
29.06.2022 and the matter was remanded
to Assistant Collector 1st Class to take
decision in the matter afresh, after
examining the relevant record.
In this writ petition, petitioner has
challenged the judgement dated 29.06.2022
passed by Board of Revenue on the revision
filed by State Government.
Learned counsel for the petitioner
submits that petitioner was given non
transferable Bhumidhari rights over land
comprised in Khasra No. 401 and Khasra
No. 902, admeasuring 0.4450 hectare,
situate in Village Naugaon, Pargana
Pachuwadun, District Dehradun in the year
1976 and subsequently, he was given
transferable Bhumidhari rights and his name
was duly recorded in the revenue record. He
further contends that based on a fictitious
order, alleged to have been passed by
Additional Collector on 10.03.1988 in Case
No. 20/87-88, petitioner's name was scored
off from the revenue record sometimes in
the year 1996 and in place of petitioner's
name, name of Gram Sabha was entered in
the revenue record.
Learned Board of Revenue has set
aside the judgment and orders passed by all
the learned Courts and remanded the
matter back to Assistant Collector to
examine the matter to find out whether
petitioner's name was expunged from
revenue records in proceedings under
Section 198(4) of U.P.Z.A. & L.R. Act, or
not. Parties have been permitted to
produce documents in support of their
respective contentions.
Since petitioner had filed application
under Section 33/39 of Land Revenue Act
on the ground that no order under Section
198(4) of U.P.Z.A. & L.R. Act was passed
against him, cancelling the allotment of land
in question; while respondents had
contended that allotment of land, in favour
of petitioner was cancelled, therefore,
learned Board of Revenue remanded the
matter to Assistant Collector with a direction
to requisition the relevant record, to
ascertain as to whether the allotment of
land, made in favour of petitioner has been
cancelled or not.
In the humble opinion of this Court,
the judgment rendered by learned Board of
Revenue calls for no interference, as
petitioner's name cannot be entered in the
revenue record, if allotment of land to him
was cancelled.
Having regard to the facts and
circumstances of the case, writ petition is
disposed of with a direction to Assistant
Collector, 1st Class, Vikasnagar, District
Dehradun to decide the matter in the light
of judgment rendered by Board of Revenue,
as early as possible, preferably, within eight
months from the date of production of
certified copy of this order.
Till decision by Assistant Collector,
status quo, in respect of possession over
the land in question, shall be maintained.
(Manoj Kumar Tiwari, J.)
12.07.2022
Aswal
