IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 2566 of 2016

Smt. Rita Saini

… Petitioner

Vs

State of Uttarakhand & others

… Respondents

Mr. Neeraj Garg, learned counsel for the petitioner.

Mr. P.C. Bisht, Standing Counsel, present for the State of Uttarakhand.

Mr. D.S. Patni, Advocate, for respondent Nos. 3 to 6.

Hon’ble Sudhanshu Dhulia, J. (Oral)

1.

The petitioner is aggrieved by an order dated

20.08.2016 passed by respondent No. 4 – Superintending

Engineer, Uttarakhand Power Corporation, Dehradun on the

ground that the land on which the petitioner has constructed

her house belongs to a Scheduled Tribe, who has a Bhumidhari

rights on the said property and could not have been sold the

same to the petitioner under the provision of Section 154 of

Uttar Pradesh Zamidari Abolition and Land Reforms Act (in

short ‘UPZA&LR Act’). Since it has been done by order of the

Revenue Authority, the land now vested with the State

Government in view of Section 166 read with Section 167 of

the UPZA&LR Act.

2.

These facts are admitted by the petitioner. He

further contends that the property has been vested with t