HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Surendra Singh – Appellant
Versus
Aniruddh Kumar Sharma – Respondent
JUDGMENT :
Pankaj Purohit, J.
By means of the present writ petition under Article 227 of the Constitution of India, petitioner has challenged the judgment and order dated 25.08.2023 passed by learned Additional Commissioner, Garhwal Mandal, Camp Dehradun, in First Appeal No.17 of 2020-21 Shri Aniruddh Kumar Sharma and Others Vs. Shri Surendra Singh and Others, whereby, the said appeal was partly allowed rejecting the order dated 29.12.2020 and learned Lower Court was directed to give opportunity of hearing to legal heirs of the deceased and to replace the legal heirs of the deceased in the Suit; as well as the judgment and order dated 28.11.2025 passed by learned Board of Revenue in Second Appeal No.93 of 2022-23 Shri Surendra Singh Vs. Shri Aniruddh Kumar Sharma and Others, whereby, the second appeal was rejected.
2. The brief facts of the case are that father of petitioner was in possession of the land Khasra No.10ka measuring 0.2020 hectare and Khasra No.32Ga measuring 0.0530 hectare total area 0.2550 hectare situated in Mauza Bhogpur, Tehsil Rishikesh, District Dehradun, since last 75 years and after death of his father, petitioner is in possession of aforesaid land, name of Sh.
The supervisory jurisdiction under Article 227 is limited and does not permit re-evaluation of evidence unless there is a clear dereliction of duty or a perverse finding.
Jurisdiction of revenue authorities in determining title over ancestral property and the appropriate forum for resolving property disputes
The court established that the High Court's supervisory powers under Article 227 do not extend to correcting mere errors of law or fact, and that the rights claimed under an unprobated Will must be a....
Parties not involved in a second appeal lack standing to challenge the Board of Revenue's decision regarding land ownership.
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