HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Puskar Singh – Appellant
Versus
Additional Commissioner, Kumaon – Respondent
JUDGMENT :
Pankaj Purohit, J.
This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioner has put to challenge the order dated 24.04.2014, passed by learned Additional Commissioner, Kumaon Division, Nainital and order dated 14.06.2010, passed by learned Collector, Nainital.
2. Facts of the case in brief are that the petitioner purchased the land in dispute through registered sale deed dated 04.12.2006 from respondent no.6 i.e., Dayakishan. The land in dispute i.e., Khata Khatoni No.00031 admeasuring 0.8220 hectares originally belonged to Shree Vishan Dutt and after his death was entered in the name of his five sons who got 1/5th share of the property. The petitioner purchased the share of Dayakishan by a registered sale deed and thereafter taking possession on the purchased land moved an application for mutation before learned Tehsildar, Kaladhungi, Nainital and vide order dated 12.12.2007 the same was mutated in the name of the petitioner. Aggrieved by the aforesaid order the respondent nos.4 and 5 filed an appeal under Section 210 of Land Revenue Act, 1901, before learned Collector, Nainital, which was registered as Appeal No.52/29 of the
The dismissal of suits filed by the respondents influenced the court's decision to quash the order staying the mutation entry in favor of the petitioner.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Mutation proceedings are summary in nature, and existing entries indicating ownership should not be disturbed without substantial evidence, reaffirming the presumption of ownership based on prior rec....
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