HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO. 5969 (MS) OF 2001 24886/ 1989 1. Ban Panchayat, Munar Pattti Malla, Danpur, Tehsil-Bageshwar, District-Almora, through Sri Nain Singh, S/o Sri Kishan Singh Panch. 2. Nain Singh, S/o Sri Kishan Singh Panch, Bhutpurv Sarpanch, Ban Panchayat Munar, Tehsil-Bageshwar, District-Almora. ......Petitioners. Versus 1. Sri Ghanshyam Singh, S/o Sri Parveen Singh, 2. Sri Tara Singh, S/o Sri Sher Singh, Rs/o Village-Suding Patti Malla, Danpur, Tehsil-Bageshwar, District-Almora. 3. Commissioner, Kumaon Mandal, Nainital. ...........Respondents. Hon’ble Rajesh Tandon, J. Heard Sri Chetan Joshi, Advocate for the petitioner and Standing Counsel for the respondents. 2. By the present writ petition the petitioners have prayed for a writ of certiorari quashing the order dated 03.10.1989 passed by the Commissioner, Kumaon Mandla in Ban Panchayat Revision No. 34/87-88, Ghan Shyam Singh Vs. Ban Panchayat, Munar. 3. By the order dated 12th February, 1986 passed by the S.D.M., it has only been stated that in the year, 1949, the proposal for establishment of one Panchayat was made after 2 taking the signature of the Villagers of Village Sooding and therefore, the S.D.M. has directed that the Villagers who are applicants in the present case, their rights shall be maintained for Munar Van panchayat unless Villagers of Munar become able to show that the rights of Villagers of Village Sooding have become ceased in accordance with law. 4. Since the S.D.M. has directed for showing the material on that question and against the said order an appeal was filed and the order of the S.D.M. dated 12.02.1986 was modified to the following effect on 29th December, 1987:- “vihy Lohdkj dh tkrh gS tks ijxukf/kdkjh] ckxs’oj }kjk ikfjr vkns’k fnukad 12&2&86 bl va’k rd la’kksf/kr fd;k tkrk gS fd xzke lwfMax ds fuokfl;ksa ds ek= xksoj ds vf/kdkj ou iapk;r equkj esa gksaxsA” 5. Against the aforesaid order, a revision being Ban Panchayat Revision No. 34/87-88 Ghanshyam Singh Vs. Ban Panchayat, Munar was filed and the said revision was allowed setting aside the order dated 29th December, 1987 passed by the Deputy Commissioner. 7. In view of the above, a writ of certiorari is issued quashing the orders dated 03.10.1989, 19.12.1987 and 12.02.1986. It will be open for the petitioner to place the materials on record. 3 8. Since the SDM has not finally determined the matter, the matter is sent back to the SDM for deciding the same afresh in accordance with law on the materials placed by the petitioners. However, parties are directed to maintain status quo till the matter is finally decided. 9. Subject to aforesaid, writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.) 25.08.2006 Rathour