HI GH COURT OF UTTARAKHAND AT NAI NI TAL

Writ Petition No.2598 ( M/ S) of 2023

Shri Abhinav Bhandari and another ………Petitioners

Versus

Usha Kiran Bhandari ….....Respondent

Mr. Deepak Bhatt, Advocate for the petitioners.

Mr. A.S. Rawat, Sr. Advocate assisted by Mr. Girveer

Chandra, Advocate for respondent.

Hon'ble Pankaj Purohit, J. ( Oral)

By means of instant writ petition, the

petitioners are seeking issuance of writ of certiorari to quash the order dated 20.10.2022 passed by learned Collector, Nainital in Appeal No.52 of 2010, Dr. Usha Kiran Bhandari vs. Late Durga Bhandari and others and the order dated 27.07.2023 passed by learned Member (Judicial), Board of Revenue, Nainital, Uttarakhand in Revision No.04 (2022-23), Smt. Sneh Lata Bhandari

and another vs. Usha Kiran Bhandari.

2. The brief facts of the case are that one late Smt. Durga Devi was recorded tenure holder of the land situated at Village Bhawanipur, Kisna, Tehsil Lal Kuan, District Nanital bearing Khata No.2 measuring 0.606 hectare and Khata No.3 measuring 8.354 hectare and she also had half share in land situated at Village Kishanpur Sarkuliya bearing Khata No.29 and

measuring 3.786 hectare.

3. The case of the petitioners is that