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2006 Supreme(All) 2374

RAJESH TANDON
DHALUWALAL KUSHTA SEWA SAMITJ GUR NIWAS SHIVA NAND NAGAR TEHRI GARHWAL – Appellant
Versus
BOARD OF REVENUE U P ALLAHABAD – Respondent


Advocates:
K.N.JOSHI, Lokendra Dobhal, SOBHIT SAHARIA, U.K.Uniyal,

RAJESH TANDON, J.

Heard Sri U. K. Uniyal, Sr. Advocate as sisted by Sri Sobhit Saharia counsel for the petitioner, Standing Counsel for re spondents 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 respondent No. 1.

3. Briefly stated Sri Bachan Singh maternal uncle of respondent No. 4 filed a suit under Section 229-B of U. P. Z. A. & L. R. Act, for declaration of his own ership over Bhumidhari Khara No. 1/13 area 16 Nali 14

Muthi land. During the pendency of the case Bachan Singh ex pired and the respondent No. 4 Bhag Singh was substituted in place of his maternal uncle. According to the peti tioner he is in actual physical posses sion since 1949 and his name was also entered in the revenue record in Var-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 af ter 30-6-1969. and as per provisions of section 36 of












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