IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1429 of 2010. (Old No. 1110 of 1984) Bhuwan Chandra and two others. … Petitioners. Vs. State of U.P. and others. …Respondents. Mr. M.C.Pande, Advocate, learned counsel for the petitioners. Mr. P.C.Bisht, Brief Holder, learned counsel for the respondent nos. 1 to 3-State. Mr. Birendra Singh Adhikari, Advocate, learned counsel for the respondent no.7. Date November 30, 2010. Hon’ble B.S.Verma, J. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the order impugned dated 22- 11-1983 passed by Collector/Deputy Commissioner, Pithoragarh, whereby the order granting 1/2 Nali land under the Government Grants Act in favour of the petitioner was cancelled on the objection filed by respondent nos. 4 to 8 before the Sub Divisional Officer Lohaghat. Briefly stated, the facts giving rise to the present writ petition are that the petitioners applied under the provisions of Government Grants Act for 3 Nali Banjar land for residential purpose and cattle-shed before the Sub Divisional Officer/S.D.M. Lohaghat, district Pithoragarh. The application has been annexed as Annexure-1 to the writ petition. Thereafter, the Sub Divisional Officer made an inspection on 12-5-1980 and found that the land be regularized and issued proclamation. Thereafter the recommendation was made on 20- 7-1981 to the Collector for grant of 1/2 Nali land in plot No. 6370 M. vide Annexure-3 to the petition. On the basis of recommendation made by Sub Divisional Officer concerned, the Collector Pithoragarh sanctioned 1/2 Nali land in favour of the petitioners on 18-8-1981. 2 The respondent nos. 4 to 8 have filed objection before the Sub Divisional Officer Lohaghat to recall the order. The Sub Divisional Officer forwarded the objection to the Collector for disposal. After hearing both the parties, the Collector Pithoragarh on the basis of recommendation dated 25-3-1983 made by the Sub Divisional Officer, recalled/cancelled the order dated 18-8-1981 and the application of the petitioner for grant of lease under Government Grant Act was rejected vide order dated 22-11-1983 (Annexure 6 to the petition). Counter affidavit has been filed by the State, but the answer given in the counter affidavit is evasive. No specific reply has been given therein. It is stated that after the order was passed by the Collector, the land was not allotted to respondent nos. 4 to 8 also. In paragraph 21 the following averments are made:- “21. That in reply to the contents of paragraph 24 of the writ petition, it is humbly submitted that there was cross objections of petitioner and of respondent No. 4 to 8 about the land in dispute as such no body was given the land in dispute by respondent No. 2 after considering the facts, circumstances and evidence on record.” I have heard learned counsel for the parties and perused the entire material placed before this Court including the counter affidavit filed on behalf of the State. By a perusal of the recommendation, which was made by the Sub Divisional Officer in favour of respondent nos. 4 to 8 (Annexure-8 to the writ petition), I find that recommendation was made in respect of different plot numbers, namely, plot Nos. 6397 to 6399, 6401 to 6407, 6409, 6500, 6502, 6272 M, 6504 and 6503, total area 37 Nali, 1 Muthi, while the grant of 1/2 Nali land had been made in favour of the petitioners in plot No. 6370 M. as per recommendation 3 made by the Sub Divisional Officer (Annexure-3 to the petition). Apparently the learned Commissioner has committed a manifest error of law in considering the recommendation, which was made for different plot numbers other than that of the petitioners. Consequently, the order of the Collector dated 22-11-1983 impugned in this writ petition is liable to be set aside. The writ petition deserves to be allowed accordingly. The writ petition is allowed. The impugned order dated 22-11-1983 passed by the Collector/Deputy Commissioner Pithoragarh is set aside. The order passed by Collector/Deputy Commissioner concerned dated 18-8-1981 (Annexure-4 to the petition) is restored and the Collector is directed to grant 1/2 Nali to the petitioners, pursuant to his order dated 18-8-1981, within a period of eight weeks from the date of production of a certified copy of this order. (B.S.Verma,J.) RCP