COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) 4768/2001 (Old No. 3270 of 1991) Gurbachan Singh & Others …….Petitioners Versus Commissioner, Kumaon Division, Nainital And Others …….Respondents Sri K. S. Bora, learned Counsel for the petitioners. Sri H.M. Raturi, learned Standing Counsel for the respondents. 7th August, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, petitioners have prayed for a writ of certiorari to quash the order dated 22.10.1990 passed by the respondent no. 1/Commissioner, Kumaon Division, Nainital and the order dated 30.12.1989 passed by the Prescribed Authority/respondent no. 2. 2. Petitioners claim that they are the owners of the land in dispute which has been declared surplus. The Prescribed Authority rejected their objections. It is also established that the possession of the land in dispute has already been taken on 10.5.1977 and the land has also been allotted to other persons. The appeals were preferred after a lapse of nearly nine years from the date of the order of the Prescribed Authority declaring the land surplus possession of which had already been taken and, therefore, appeals were held as time barred. The 2 Commissioner, Kumoan Division has also considered the question as to whether petitioners have any title in the land and whether they perfected their rights and held that the petitioners have no case. 3. The findings are based on the revenue records and the evidence led by the parties. Hence the matter is concluded by the finding of fact. I do not find any illegality in the impugned orders passed by the authorities below. No interference is called for in the impugned orders. Hence, the writ petition is dismissed in limine. (P.C. Verma, J.) 7.8.2008 Prabodh