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2022 Supreme(UK) 230

MANOJ KUMAR TIWARI
Ikbal Hasan – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kurban Ali & Ms. Lubhna Jahan, Advs.
For the Respondent: Mr. Yogesh Tewari & Mr. Sandeep Kumar, Mr. Pankaj Purohit & Mr. Abhilash Nainwal, Advs.

JUDGMENT :

Heard learned counsel for the parties.

2. Petitioner has challenged the order of mutation passed by Tehsildar, Chamoli on 06.11.2013 in favour of respondent no. 4. He has also challenged the judgment dated 30.05.2022 rendered by Board of Revenue in Revision No. 147-2016-17 filed by respondent no. 4, whereby the order dated 30.06.2017 passed by Assistant Collector, First Class, Chamoli in Appeal No. 39/2015-16 was set-aside and Tehsildar’s order passed on 06.11.2013 was affirmed.

3. According to the petitioner, he and his brother owned 3 Nali 8 Muthhi land in Village Kshetrapal, Pargana Dasoli, District Chamoli in which both had equal share; his brother Mahfooz Hasan sold his entire share to Narayan Singh and Pooran Singh by a sale deed dated 22.09.1983, and Pooran Singh authorised Narayan Singh to use the entire purchased land. Narayan Singh established a Cold Storage over the said land by taking loan of Rs. 10,00,000/- from Uttar Pradesh Finance Corporation (for short ‘U.P.F.C.’), however due to default by Narayan Singh in repayment of loan, entire land with building was sold in a public auction by U.P.F.C. by invoking power under Section 29 of State Financial Corporations

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