Ofice Notes, reports, orders or

S N L o . Date proc R ee e d gi i s n t g ra s r o ’s r d o i r r d e e c r t i w on it s h and COURT’S OR JUDGES’S ORDERS

Signatures

WPMS No.39 of 2026

Hon’ble Pankaj Purohit, J.

Mr. S.K. Mandal, learned counsel for the

petitioner.

2. Mr. K.S. Mehta, learned Additional C.S.C. with Mr. S.K. Nailwal, learned Standing Counsel for the

State.

3. Ms. Anjali Bhargava, learned counsel for

respondent no.2-Gram Sabha.

4. By means of the present writ petition, petitioner has challenged the order dated 30.11.2023 passed by learned Board of Revenue, Circuit Bench, Nainital, in Second Appeal No.17 of 2013-14 State of Uttarakhand and Gram Sabha Haldua vs. Mahendra Singh & others, whereby, the second appeal filed by respondent Nos.1

and 2 was allowed.

5. It is contended by learned counsel for petitioner- plaintiff that the Revenue Suit No.22/41 of 2003-04 Mahendra Singh Vs. Nishan Singh and Ors., was filed by petitioner for declaration of his right as Bhumidhar over the land in-question. The said Suit was decreed. Petitioner-plaintiff pleaded adverse possession against private respondents, the first appeal was filed by respondent No.1-State and respondent No.2-Gram Sabha, therefore, learned First Appellate Court was within its right to dismiss the same. But, surprisingly the Second Appeal preferred by respondent No.1-State and respondent No.2-Gram Sabha, was allowed only on

the ground that notice under Section 80 of CPC was not served upon the respondent No.1-State Government before filing of suit.

6. Learned counsel for petitioner-plaintiff submits that petitioner-plaintiff has been in possession of aforesaid land in-question since 1366 Fasali and he has filed the Suit on the basis of adverse possession.

7. Issue notice to respondent No.3, returnable within six weeks.

8. Steps to be taken within 03 days.

9. Put up on 20.03.2026.

10. Meanwhile, respondents may file counter affidavit(s).

11. Till the next date of listing, petitioner-plaintiff shall not be dispossessed from the land in-question.

(Pankaj Purohit, J.)

08.01.2026 AK