IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 7234 OF 2001 (M/S) Braham Singh ………………Petitioner. Versus The Gaon Sabha & Ors. …………...Respondents. 21.7.2008 Hon’ble P.C. Verma, J. Heard Sri M.S. Tyagi, learned counsel for the petitioner and Sri H.M. Raturi, learned Standing Counsel for the respondents no. 2 and 3. None is present for the respondent no.1. 2. By means of the present writ petition, the petitioner has challenged the impugned orders dated 30.12.1996 and 12.5.1997 passed by the respondent no. 2 and 3 respectively, whereby the petitioner has been directed to be ejected. 3. The petitioner is a person of backward class and is a landless labourer. In the year, 1971, Gaon Sabha issued a lease deed in favour of his favour regarding Khasra No. 190 M, 155M, 632, 736 Madd, 805, total area of the lease land 6-12-0 and the petitioner was permitted to take over the possession over the said land. In the year, 1987, the Consolidation Proceedings were started in the Village and at the time of publication under Section 9 of Consolidation of Holdings act, the petitioner filed his objection before the Consolidation Officer and the Consolidation Officer after considering the objection, on 21.5.1990 entered the name of the petitioner in the Consolidation record and subsequently on 5.2.1993, the D.D.C. Muzaffarnagar made a reference in favour of the petitioner and assess the valuation of the land 78.962. Thereafter, according to the reference made by the Deputy Director Consolidation, the land of the said valuation was given to the petitioner in Khasra No. 733 on Bachat land and a letter of mutation for making mutation was issued by him on 28.9.1995 and the Lekhpal concerned made correction in revenue records with this effect on 26.2.1996. Thereafter, on the complaint of Lekhpal, Tehsildar / respondent no. 2 on 21.12.1995 issued a notice under Form 49 Ka to the petitioner with this allegation that he has encroached the land of Gaon Sabha situated inKhara No. 733 M, which is recorded in revenue record as Nai Parti (ubZ ijrh) land. After receiving the said notice, petitioner filed objection stating therein that he is not in unauthorized possession over the said land, but the Consolidation Court has recorded his name in Revenue record as Bhumidhar. Further, before the Tehsildar, the petitioner filed all the relevant documents and a copy of Khatauni relationg to year 1401 F to 1406 F. Petitioner himself and one Malhar Singh produced as witness, who have stated that the land in dispute is allotted to the petitioner by Gaon Sabha in the year, 1971. On 30.12.1996 passed an order of ejectment against the petitioner. 4. Being aggrieved by the said order, the petitioner filed a revision being Revision No. 35 of 1996-97 before the Collector Hardwar, and the Collector by his order-dated 12.5.1997 affirmed the order passed by the Tehsildar. 5. The petitioner claims his title over the land in question on the basis of the entries made in the revenue records, therefore, the petitioner is directed to file Suit under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act for declaration of his title before the Competent Court. Thereafter, the Competent Court shall decide the said suit within a period of three months. For a period of six months, the effect and operation of the orders dated 30.12.1996 and 12.5.1997 shall remain stayed. 6. With the aforesaid observations, the writ petition is disposed of finally. No order as to costs. (P.C.Verma, J.) 21.7.2008 Rathour