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2006 Supreme(UK) 489

RAJESH TANDON
Dhaluwalal Kushta Sewa Samiti – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
Sri U.K. Uniyal, Sr. Advocate, assisted by Sri Sobhit Saharia, Advocate for the petitioner.
Sri Lokendra Dobhal and Sri K.N. Joshi, Advocates for the respondent no. 4.
Standing Counsel for respondents no. 1 to 3.

Judgement - Heard Sri U.K. Uniyal, Sr. Advocate, 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 8-9-2000passed 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.P.Z.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 respondent no. 4 Bhag Singh was substituted in place of his maternal uncle. 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 ZamindariAbolition Act, the persons, who were Sirdar prior to 30-6-1969, have become Asami after 30-6-1969 and as per provisions of section 36 of the K.zA Act. The A












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