Reserved

HIGH COURT OF UTTARAKHAND, AT NAINITAL

Special Appeal No.02 of 2009

State of Uttarakhand & another

… Appellants

Versus

M/s Ski and Snow Resorts Pvt. Ltd.

… Respondent

Dated:- 09^th July, 2010

Coram:

Hon. Tarun Agarwala, J.

Hon. V. K. Bist, J.

Per:- Hon’ble Tarun Agarwala, J.

The present special appeal has been filed by the State of

Uttarakhand against the judgment dated 30^th September, 2008 passed by

the learned Single Judge in Writ Petition No.180 of 2008 (M/S) by

which the learned Single Judge has quashed the proceedings initiated

by the Assistant Collector under Section 166 & 167 of the Uttar

Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter

referred to as the UPZA & LR Act).

2.

The facts leading to the filing of the Special Appeal is that Dr.

Vijay Singh Pal and Arun Singh, belonging to the Scheduled Tribes

community, sold plot nos.15, 16 and 17 measuring 15 naali and 12

muthi (0.315 hectares) by means of a sale deed dated 24.04.1996 to the

writ petitioner M/s Ski & Snow Resorts Pvt. Ltd., which is a company

duly incorporated under the Companies Act and which is engaged in

tourism and hospitali