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. Briefly stated Sri Bachan Singh maternal uncle of respondent no. 4 filed a suit under Section 229-B of U. RZ. A. & L. R. Act, for declaration of his ownership over Bhumidhari Khasra No. 1/13 area 16 Nali 14 Muthi land. During the pendency of the case Bachan Singh expired and the re spondent no. 4 Bhag Singh was sub stituted in place of his maternal un cle. According to the petitioner he is in actual physical possession since 1949 and his name was also entered in the revenue record in Varg-5. In the year 1969 the Kumaon and Garhwal Zamindari Abolition Act, came into existence in District Tehri Garhwal and as per provision of Section 10 of Kumaon Garhwal Zamindari Abolition Act, the persons, who were Sirdar prior to 30-6-1969, have become Asami after 30-6-1969 and as per pro visions of section 36 of the K. Z. A. Act.

Click Here to Read the rest of this document