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2019 Supreme(UK) 470

LOK PAL SINGH
State of Uttarakhand – Appellant
Versus
Chandi Prasad Bhatt – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sunil Khera, Dy. Advocate General with Ms. Anjali Bhargava
For the Respondent:Mr. Aditya Singh, Advocate and Mr. Ankur Sharma, Advocate
For the Intervener :Mr. Kanti Ram Sharma, Advocate

JUDGMENT :

Present writ petition, under Article 227 of the Constitution of India, arises out of the judgment and order dated 25.03.2015 passed by the Board of Revenue, Uttarakhand in S.A. No. 19 of 2012-13 titled as Chandi Prasad Bhatt and others vs. State of Uttarakhand and others whereby the Board of Revenue has allowed the second appeal filed by the respondents herein.

2. Facts, in brief, are that respondent Chandi Prasad Bhatt (since deceased) has filed O.S. No. 10 of 2004 in the court of Assistant Collector, 1st Class Mussoorie, Camp Dehradun under section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act (hereinafter referred as U.P. Act) against the State and others, claiming the adverse possession over the land in dispute. Written statement has been filed by the petitioner-State stating therein that the land in dispute belongs to the State Government and is recorded as ‘Jungle Sal’ in the revenue records. The Assistant Collector, 1st Class vide judgment and order dated 02.12.2008 dismissed the suit. Feeling aggrieved by judgment and order dated 02.12.2008, respondents preferred an appeal no. 22 of 2008-09 before the Commissioner, Garhwal Division who vide it

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