[Cites 4, Cited by 0]
Uttarakhand High Court
Gopal Sah vs State Of U.P. & Others on 5 January, 2026
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes, reports, orders or proceedings or directions
SL. No Date COURT'S OR JUDGES'S ORDERS
and Registrar's order with Signatures
WPMS No.1893 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Lokendra Dobhal, learned counsel for the
petitioner.
2. Mr. S.K. Nailwal and Mr. Devendra Pant, learned
Standing Counsel with Mr. Bhupendra Koranga,
learned Brief Holder for the State.
3. Ms. Anjali Bhargava, learned counsel for
respondent/Gram Sabha.
4. By means of present writ petition, petitioner has
put to challenge the judgment and order 27.08.2008,
passed in Revenue Suit No.22/14 of 1989-1990, Sri
Gopal Sah vs. State of U.P. & others, passed by learned
Asisstant Collector, 1st Class/Pargana Adhikari,
Nainital; judgment and order dated 24.09.2013, passed
by Additional Commissioner, Kumaon Mandal, Nainital
in Z.A. Appeal No.90/2007-08 (9/2011-12), Gopal Sah
vs. State of U.P. & others; judgment and order dated
20.01.2024 in Second Appeal No.09 of 2013-2014,
Gopal Sah vs. State of U.P. & others, passed by learned
Board of Revenue and further for a direction not to
evict the petitioner from the possession of the land in
Khasra No.201(m), area 90 Nali and Khasra No.271(m),
area 40 Nali, Total area 130 Nali, situated at Village
Ghorakhal, Patti Ramgarh, Tehsil and District Nainital.
5. Learned counsel for the petitioner submits that
the petitioner filed a suit under Section 229-B of the
U.P. Zamindari Abolition and Land Reforms Act, 1950,
seeking a declaration that he is the bhoomidhar of the
aforesaid land. Earlier, said suit was decreed ex parte
against the State of U.P. by the learned trial court vide
judgment and decree dated 03.09.1991. The first
appeal against the aforesaid judgment and decree i.e.
ZA appeal No. 227 of 1990-91 State of Uttar Pradesh vs
Shri Gopal Shah was also dismissed vide judgment and
order dated 25.11.1993.
6. The respondent no. 03 filed a ZA Case No. 22/6 of
1994 Governor of UP vs Shri Gopal Lal Sah for
ejectment of Shri Gopal Lal Sah from the land in
question. However the said ZA case was withdrawn by
the respondent no.3 on 22.07.1996.
7. Respondent No. 3 thereafter filed an application
under Order 9 Rule 13 CPC with a prayer to set aside
the ex-parte judgment and decree dated 03.09.1991.
The said application was allowed, and the judgment
and decree dated 03.09.1991 passed by the learned
trial court in Revenue Suit No. 22/14 year 1989-90
was set aside and respondent no. 3 was directed to file
written statement in the revenue suit.
8. The petitioner challenged the said order by filing a
revision before the Commissioner; however, the
revision petition was dismissed. The Board of Revenue
also dismissed the revision against that order vide
judgment and order dated 05.08.1999.
9. The order passed by the learned trial court under
Order 9 Rule 13 CPC, directing the impleadment of
respondent No. 3 as a party-respondent, and setting
aside the ex-parte judgment and decree thus attained
finality. Thereafter, the suit proceeded and was
ultimately dismissed. The appeal filed against the said
order was also dismissed, and the second appeal was
likewise dismissed.
10. In view of the aforesaid facts, no interference is
required at this stage so far as the interim relief sought
by the petitioner is concerned. However, the writ
petition may be decided after calling for the counter
affidavits from the respondents.
11. Issue notice to the respondent no.3, returnable
within six weeks.
12. Steps to be taken within three days.
13. List on 17.03.2026.
14. Respondents may file the counter affidavit in the
meantime.
(Pankaj Purohit, J.)
05.01.2026
AK
