Reserved on:20.08.2025 Delivered on:26.08.2025

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

Writ Petition (M/S) No.132 of 2012

Atul Shah and another ......Petitioners

Vs.

Addl. Chief Revenue Commissioner Circuit Court, Nainital, Uttarakhand

& Ors.

…..Respondents

Presence

Mr. Aditya Singh, learned counsel for the Petitioners.

Ms. Mamta Bisht, learned DAG with Mr. Yogesh Tiwari, learned Addl.

CSC, for the State of Uttarakhand.

Mr. Anil Kumar Joshi, learned counsel for the Respondent Nos.6 and 7.

Hon’ble Ashish Naithani, J.

1. The present writ petition under Article 227 of the Constitution of

India has been filed challenging the order dated 01.10.2011 passed by the Additional Chief Revenue Commissioner, Circuit Court, Nainital, whereby the second appeal preferred by Respondents No. 6 and 7 was allowed, setting aside the judgment and decree dated 26.10.2010

rendered by the Additional Commissioner, Kumaon Mandal, Nainital.

2. The land in dispute is situated in Village Damuadunga, Tehsil

Haldwani, District Nainital, comprising plots originally numbered 95/98 (now 88B, 101 to 113), measuring approximately 96 bighas. The

land stood recorded as a maurusi tenancy in the name of Shri Heera Lal Shah, son of Jai