Advocates:
['ANIRUDH SINGH KATOCH', '', 'YASH ANAND', 'B D PANDE', 'HARSHIT SANWAL', 'C S C']

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition No. 399 of 2021 (M/S)

Smt. Saroj and others

..…Petitioners.

Versus

State of Uttarakhand and others

.…Respondents

Present :

Mr. B.D. Pande, Advocate for the petitioners.

Mr. Ajay Singh Bisth, Addl. C.S.C. for the State of Uttarakhand.

Dated: 3^rd March, 2021

JUDGEMENT

Hon’ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

The petitioners are the opposite parties to the

proceedings, which were being held under Section 34 of the Land

Revenue Act, to which, the cognizance has been taken by the Court of

Tehsildar, Berinag, District Pithoragarh, while exercising his suo

moto powers, under Section 202 of the Land Revenue Act, as has

been argued by the counsel for the petitioners.

2.

The argument raised by the learned counsel for the

petitioners is that the initiation of the proceedings in pursuance to the

issuance of the notice, which is impugned in the present Writ Petition

i.e. dated 19^th January, 2021, is without competence, and the issue of

competence has been agitated by the learned counsel for the

petitioners, on the pretext that there are two judgments, on whi