COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) 404/2004 Gaon Sabha Mohanpur Mohammadpur/ Land Management Committee, Pargana & Tehsil – Roorkee, District – Haridwar, Through its Village Pradhan …….Petitioner Versus Mage Ram & Others. …….Respondents Sri Lok Pal Singh, learned Counsel for the petitioner. Sri J.S. Bisht, Advocate holding brief of Sri Sharad Sharma, learned Counsel for the respondent no. 1 & 2. Sri H.M. Raturi, learned Standing Counsel for the respondent no. 3. 23rd July, 2008 Hon’ble P.C. Verma, J. This writ petition has been filed by the petitioner challenging the orders dated 10.10.1988 and 9.3.2004 passed by the Additional Collector (Finance), Saharanpur and Additional Collector, Haridwar respectively, which are contained in Annexure No. 12 and 19 to the writ petition respectively. 2. Petitioner claims that the land in dispute belongs to Gaon Sabha and the proceedings under Section 122-B of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short, ‘the Act’) were initiated against the respondent no. 1 and 2 alleging that they raised illegal construction over the Gaon Sabha Land. On 29.10.1984, the proceedings under Section 122-B of the Act were dropped by the Assistant Collector/Tehsildar, Roorkee. 2 3. Aggrieved with the order dated 29.10.1984, the petitioner filed a revision under Section 122-B(4-A) of the Act, which was allowed by the Additional Collector (Administration), Saharanpur vide his order dated 15.5.1985. The Tehsildar/Assistant Collector 1st Class, Roorkee directed the Supervisor/Kanoongo to submit his report regarding unauthorized possession of respondent no. 1 & 2. The Supervisor/Kanoongo stated in his report that the property in dispute is public utility land and is recorded as banjar land in revenue record. Respondents no. 1 & 2 filed their objections against the report of Supervisor/Kanoongo. Proceedings against the respondent no. 1 & 2 were again dropped by the Tehsildar, Roorkee vide his order dated 13.2.1987. 4. The petitioner filed a revision against the aforesaid order dated 13.2.1987, which was allowed by the Additional Collector (Finance), Saharanpur vide his order dated 20.7.1988. Thereafter respondent no. 1 filed review application against this order alleging himself to be a member of Scheduled Caste, which was allowed by the Additional Collector, Saharanpur vide his order dated 10.10.1988. Petitioner filed an application to recall the aforesaid order dated 10.10.1988, which was dismissed by the Additional Collector, Haridwar vide the impugned order dated 9.3.2004. The Tehsildar, Roorkee in his report dated 17.5.2003 had submitted that the respondent no. 1 and 2 are Gaderiya by caste. 5. In view of the facts and circumstances of the case narrated above, the writ petition is allowed. The impugned orders dated 10.10.1988 and 9.3.2004 are set 3 aside. The matter is remanded back with direction to decide the dispute afresh after proper verification of caste certificates as well as domicile of the respondent no. 1 & 2. There shall be no order as to costs. (P.C. Verma, J.) 23.7.2008 Prabodh