HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Misc. Single No. 2596 of 2025

09 September, 2025

Ved Prakash Uppal --Petitioner

Versus

State Of Uttarakhand and Others --Respondents ----------------------------------------------------------------------

Presence:-

Mr. Vikas Bahuguna, learned counsel for the petitioner.

Mr. Anil Dabral, learned Additional C.S.C. with Mr. Sudhir Nainwal, learned Standing Counsel for the State

of Uttarakhand/respondent No.1.

Mr. Ajay Joshi, learned counsel submits that he has got instruction to appear on behalf of respondent No.2. He may file his Vakalatnama on behalf of respondent No.2

during the course of day.

Hon’ble Pankaj Purohit, J. (Oral)

By means of the present writ petition,

petitioner has prayed for the following reliefs:-

1. To set aside/quash the order dated 02.11.2022 passed by

learned Tehsildar/Sadar, Dehradun in Case No.3544 of 2013, whereby, the name of Ratan Singh, which was mutated by an

earlier order, was confirmed.

2. To set aside/quash the order dated 05.03.2025 passed by the

learned Chairman, Board of Revenue, whereby, the revision of

the petitioner was dismissed.

3. To give the petitioner an opportunity of hearing before passing

any order before the learned Tehsildar/Sadar, Dehradun.

2. The brief facts of the case are that the petitioner is owner of land bearing Khata No.366, New No.465, Khasra No.379, 380-Kha, 383-Ka, 390-Ka, 391, 396, 401, 556 and 558 admeasuring 1.644 hectare at Mauja Nakronda, Dehradun. The other three brothers namely Hari Om, Komal Prakash and Subhash Chandra relinquished their share over the said property vide deed dated 27.08.1973. However, the name of other three brothers was not removed from the revenue records.

Therefore, the petitioner constrained to file a civil suit under Section 229-B of U.P.Z.A. & L.R. Act, 1950, bearing Case No.37/2008-09 Ved Prakash Vs. Komal Prakash and Others, arraying the legal heirs of Sh. Hari Om, in which, the learned Assistant Collector First Class/SDM, Sadar Dehradun passed an order dated 14.09.2009 restraining the parties from creating any third party right over the property bearing old Khasra No.316, 302, 301, 300, New Khasra No.396 admeasuring 0.279 Hectares and Khasra No.390-Ka admeasuring 0.092 Hectares in total 0.371 Hectares. Inspite of interim order dated 14.09.2009, a sale deed was executed by respondent No.3-Komal Prakash in favour of respondent No.2-Ratan Singh. Thereafter, the petitioner filed a Civil Suit bearing case No.368 of 2013 Ved Prakash Vs. Subhash Chandra and Others, for declaring the sale deed in favour of the respondent No.2 as null and void, wherein, an interim order dated 09.04.2018 was passed directing the parties to maintain status quo. However, one mutation application was filed by the subsequent purchaser i.e. respondent No.2 before the learned Tehsildar, Sadar, Dehradun bearing Mutation Case No.3544 of 2013, wherein, objections were filed by the petitioner.

3. On 21.01.2015, learned Assistant Collector First Class has taken Suo Moto Cognizance of the case filed by petitioner under Section 229-B of the U.P.Z.A. & L.R. Act and dismissed the said case of petitioner. Against it, petitioner has preferred a Revision No.118 of 2014-15 Ved Prakash Vs. Komal Prakash and Others, which was allowed by setting aside the order dated 21.01.2015 and the matter was remanded to be heard afresh. Meanwhile, a registered deed was executed between the family members of petitioner and the matter was settled, therefore, the suit filed by the petitioner was not contested and eventually on 25.11.2019 it was dismissed for default. Meanwhile, the mutation case which was filed by the subsequent purchaser was proceeded and on 02.11.2022, an earlier order dated 20.08.2013, whereby the name of Shri Ratan Singh was mutated, was confirmed.

4. The said order was passed without hearing the petitioner. After knowing about the said order, petitioner immediately preferred a revision No.27 of 2022-23 Ved Prakash Vs. State of Uttarakhand and Anr.,