JUDGMENT

Sharad Kumar Sharma, J. - The petitioners are the opposite parties to the proceedings, which were being held under Section 34 of the Land Revenue Act, to which, the cognizance has been taken by the Court of Tehsildar, Berinag, District Pithoragarh, while exercising his suo moto powers, under Section 202 of the Land Revenue Act, as has been argued by the counsel for the petitioners.

2. The argument raised by the learned counsel for the petitioners is that the initiation of the proceedings in pursuance to the issuance of the notice, which is impugned in the present Writ Petition i.e. dated 19th January, 2021, is without competence, and the issue of competence has been agitated by the learned counsel for the petitioners, on the pretext that there are two judgments, on which, he wants to place reliance, a judgment, which has been rendered by Gujrat High Court, in R/Special Civil Application No. 23469 of 2007, Hasmukhbhai Dahyalal Soni Vs. Collector, Gandhinagar, particularly, he has made reference to para 9 of the said judgment, which is referred to hereunder :-

"(9) That despite the facts as aforesaid, the Respondent, after a gross delay, on date 26-7-2007, issued a notice to t