High Court · 2025

Mr. Tapan Singh, learned counsel Bhargava, for t he pet it ioner. Anj ali 2. Ms. counsel for respondent no. 1. 3. Mr. Raj esh St anding Counsel Ut t arakhand / respondent no. 2. Pandey, learned learned t he St at e of t his writ pet it ion, 4. By m eans of pet it ioner has challenged j udgm ent & order dat ed 25.03.2011 passed by I st Class, Laksar, Assist ant Collect or, Dist rict Haridwar in Suit No.57 of 2006, whereby his Declarat ory Suit under Sect ion 229- B of Zam indari Abolit ion & Land Reform s Act , was dism issed. He has also challenged t he j udgm ent & order 27.11.2024 dat ed passed by First and Second Appellat e Court s.

08.06.2022 t he ground I t t ranspires t hat pet it ioner filed a 5. suit for declaring him t o be a Bhum idhar, based on his cont inuous possession over t he land in quest ion before 03.06.1995, t o Scheduled Cast e and since possession over t he land in quest ion dat es back t o 03.06.1995, t herefore, provision cont ained in Sect ion 122- B( 4- F) of U.P.Z.A. & L.R. Act , 1950, he is ent it led t o be declared as a Bhum idhar. t hat he belongs

6. Learned t rial Court fram ed as m any as 5 issues and issue no.2 was ‘whet her plaint iff is ent it led t o benefit of Sect ion 122- B( 4- F) of t he Act , in view of his possession over t he land in quest ion, which is prior t o 03.06.1995’. Learned t rial Court dism issed t he suit . Pet it ioner challenged j udgm ent & decree passed by t rial Court in First Appeal, which was Addit ional dism issed Division. Com m issioner, Pet it ioner, filed Second Appeal, which t oo was dism issed by Board of Revenue, Ut t arakhand. Thus, pet it ioner has lost from all t he t hree Court s. learned Garhwal t hereaft er, t hat Learned counsel for t he pet it ioner 7. subm it s rendered by j udgm ent learned t rial Court is unsust ainable and t he unsust ainable. finding no.2,

8. Per cont ra, learned St at e Counsel subm it s t hat no evidence what soever was led by t he pet it ioner in support of his cont ent ion t hat he is in possession from a dat e prior t o t he cut off dat e 122- B( 4- F) , indicat ed t herefore, right ly learned dism issed t he suit . t rial Court Sect ion

03.06.1995. Pet it ioner

9. Perusal of t he j udgm ent rendered by learned t rial Court reveals t hat t here was no docum ent ary evidence produced by pet it ioner regarding his possession exam ined t wo wit nesses in support of his case, nam ely, Raj pal and Chandrapal, however, bot h wit nesses could not m ake any st at em ent t he khasra num ber and t he area of t he land in quest ion; t hose wit nesses also could not m ake any st at em ent regarding t he dat e from which t hey had seen pet it ioner in in quest ion. possession of Before t he t rial Court , Gram Pradhan, t hat pet it ioner Sm t . Pushpa, deposed regarding t he was not in possession before 2007. The Halka Pat wari, who was also exam ined as wit ness, was post ed in t he concerned Halka only one year ago and he saw pet it ioner in possession over t he land in quest ion since t he day he assum ed charge in t he concerned Halka. land. I t is adm it t ed t o pet it ioner t hat he 10. was only 14 years of age in t he year 1995, t he day when he claim s t o have occupied Governm ent From t he j udgm ent rendered by perusal of learned t rial Court , it is revealed t hat learned t rial Court has considered & discussed all relevant aspect s, t herefore, t he said j udgm ent cannot be said t o be perverse. Learned First Appellat e court and Second Appellat e Court were t herefore j ust ified in not int erfering wit h t he j udgm ent rendered by learned t rial Court . Court , t he concurrent

11. This exercising supervisory power under Art icle 227 of Const it ut ion, is not inclined t o int erfere wit h recorded by learned Court s below, in view of laid down by Hon’ble Suprem e Court in t he case of “ Sadhana Lodh Vs. Nat ional I nsurance Com pany Lt d.” report ed in ( 2003) 3 SCC 524. findings of I n such view of t he m at t er, t here is

12. no scope for int erference.

13. Accordingly, t he writ pet it ion fails and is dism issed. ( M a n o j K u m a r Ti w a r i , J.)

09.01.2025 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a13 1bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D 653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA