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2010 Supreme(UK) 62

PRAFULLA C.PANT, V.K.BIST
Shri Mahendra Lal Jaini (since deceased) – Appellant
Versus
The Additional District Judge, Dehadun. – Respondent


Advocates appeared:
Mr. Ravi Kiran Jain, Sr. Advocate assisted by Mr. D.S. Patni and Mr. Vipul Sharma, Advocates for petitioners.
Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the respondents.

Judgment

Prafulla C. Pant, J.


By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought writ in the nature of certiorari, quashing the order dated 27.10.1983 (copy Annexure –10 to the writ petition), passed by Addl. District Judge (Special Judge, Anti Corruption), Dehradun, whereby said court has allowed Misc. Civil Appeal No. 67 of 1967. The impugned order appears to have been passed under Section 17 / 18 of the Indian Forest Act, 1927. The petitioners have also challenged vires of U.P. Land Tenures (Regulation of Transfers) (Re-enactment and Validation) Act, 1972 (U.P. Act No. 12 of 1972).


2. Heard learned counsel for the parties at length and perused the papers on record.


3. Brief facts of the case, as narrated in the writ petition, are that the then Maharaja of Nahan (Sirmour Estate) namely Sir Rajendra Prakash, owned and possessed various properties in District Dehradun, including the land situated in Village Asharori, measuring 1281.74 acres, pertaining to Khewat No. 1, Mahal 8. Said land was a forest land. The Maharaja vide agreement dated 25.01.1951 (copy Annexure –A) transferred the land to the pe








































































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