High Court · 2025

Mr. B.D. Pande & Mr. Ravi Joshi, Advocat es for t he pet it ioners.

2. Mr. Deepak Bhat t , Advocat e for t he respondent s. t heir nam es for adding records,

3. Pet it ioners m oved an applicat ion under Sect ion 34 of Land Revenue Act , 1901 t he respect of an revenue agricult ural land. I n t heir applicat ion, t hey have t hey had alleged from one Sri inherit ed Dharm anand, predecessor- in- int erest . The said applicat ion filed by pet it ioners was allowed by t he Tehsildar, Haldwani, vide order dat ed 22.02.2019. t heir t hat t he

4. Respondent s challenged t he said order in an Appeal filed under Sect ion 210 of Land Revenue Act , 1901, which was dism issed by Assist ant Collect or, Haldwani, dat ed t hereaft er 22.04.2022. challenged Tehsildar as well as Assist ant Collect or filed before Board of in a revision, Revenue, which has been allow ed by t he j udgm ent dat ed 04.09.2024, which is im pugned in t his writ pet it ion. Respondent s t he j udgm ent passed t he ground

5. Pet it ioners have challenged t he j udgm ent rendered by Board of Revenue t hat ret urned by t he Tehsildar could not have been reversed in a rev ision; no reason t he Board of has been recorded by finding of t he finding reversing Revenue ret urned by Tehsildar as well as Assist ant Collect or regarding t he plea of inherit ance, set up by t he pet it ioners. t hat

6. Per cont ra, Mr. Deepak Bhat t , t he learned counsel appearing respondent s t he cont ends proceedings init iat ed by t he pet it ioners by m oving applicat ion under Sect ion 34 of Land Revenue Act are m isconceived, as disput ed quest ion of t it le cannot be decided in sum m ary proceedings under Sect ion 34 of t he Act . He subm it s t hat only rem edy available t o pet it ioners is t o file a declarat ory suit under Sect ion 229B of UPZA&LR Act . He furt her subm it s t hat pet it ioners have not been t he propert y of lat e Dharm anand has been devolved upon t hem , t herefore, learned Board of Revenue reversing ret urned by Tehsildar as well as Assist ant Collect or. t o dem onst rat e as j ust ified t o how finding t he is not inclined t it le over

7. This Court t o int erfere in t he m at t er, as pet it ioners have assert ed quest ion in proceedings under Sect ion t he Land Revenue Act , 1901, 34 of which is not perm issible. Sect ion 34 of t he said Act is reproduced below for ready reference: - t he “ 34. Report of succession or t ransfer of possession.- ( 1) Every person obt aining possession of any land by succession or t ransfer ( ot her t han a succession or t ransfer which has already been recorded under Sect ion 33- A, shall report such succession or t ransfer t o t he Tahsildar of t he Tahsil in which t he land is sit uat e. ( 2) * * * ( 3) * * * ( 4) I f t he person so succeeding, or ot herwise is a m inor or ot herwise obt aining possession, disqualified, t he guardian or ot her person who has charge of his propert y shall m ake t he report required by t his sect ion. ( 5) No Revenue Court shall ent ert ain a suit or applicat ion by t he person so succeeding or ot herwise obt aining possession unt il such person has m ade t he report required by t his sect ion.”

8. Upon perusal of t he record it is revealed is a disput e as regards ident it y of t he land regarding which pet it ioners have claim ed t it le. t here t hat land and

9. Respondent s cont end t hat t he land, which belongs t o lat e Dharm anand is a different piece of regarding which t o Hari t heir right s belongs assert ed Dut t , Hari Krishan, Nand Kishore and lat e Keshav Ghananand, all sons of Dut t . pet it ioners t he fact s regard t he t he case,

10. Having t he writ circum st ance of pet it ion is disposed of wit h libert y t o pet it ioners t o approach t he appropriat e forum , for declarat ion of t heir t it le. The declarat ory suit filed by pet it ioners shall be decided on m erit s, unt ram m elled by t he observat ions m ade by Board of Revenue in t he im pugned j udgm ent , in view of Sect ion 40- A of t he Land Revenue Act . t he provision cont ained Navin ( M a n o j K u m a r Ti w a r i , .J.)

17.02.2025

Mr. B.D. Pande & Mr. Ravi Joshi, Advocat es for t he pet it ioners.

2. Mr. Deepak Bhat t , Advocat e for t he respondent s. t heir nam es for adding records,

3. Pet it ioners m oved an applicat ion under Sect ion 34 of Land Revenue Act , 1901 t he respect of an revenue agricult ural land. I n t heir applicat ion, t hey have t hey had alleged from one Sri inherit ed Dharm anand, predecessor- in- int erest . The said applicat ion filed by pet it ioners was allowed by t he Tehsildar, Haldwani, vide order dat ed 22.02.2019. t heir t hat t he

4. Respondent s challenged t he said order in an Appeal filed under Sect ion 210 of Land Revenue Act , 1901, which was dism issed by Assist ant Collect or, Haldwani, dat ed t hereaft er 22.04.2022. challenged Tehsildar as well as Assist ant Collect or filed before Board of in a revision, Revenue, which has been allow ed by t he j udgm ent dat ed 04.09.2024, which is im pugned in t his writ pet it ion. Respondent s t he j udgm ent passed t he ground

5. Pet it ioners have challenged t he j udgm ent rendered by Board of Revenue t hat ret urned by t he Tehsildar could not have been reversed in a rev ision; no reason t he Board of has been recorded by finding of t he finding reversing Revenue ret urned by Tehsildar as well as Assist ant Collect or regarding t he plea of inherit ance, set up by t he pet it ioners. t hat

6. Per cont ra, Mr. Deepak Bhat t , t he learned counsel appearing respondent s t he cont ends proceedings init iat ed by t he pet it ioners by m oving applicat ion under Sect ion 34 of Land Revenue Act are m isconceived, as disput ed quest ion of t it le cannot be decided in sum m ary proceedings under Sect ion 34 of t he Act . He subm it s t hat only rem edy available t o pet it ioners is t o file a declarat ory suit under Sect ion 229B of UPZA&LR Act . He furt her subm it s t hat pet it ioners have not been t he propert y of lat e Dharm anand has been devolved upon t hem , t herefore, learned Board of Revenue reversing ret urned by Tehsildar as well as Assist ant Collect or. t o dem onst rat e as j ust ified t o how finding t he is not inclined t it le over

7. This Court t o int erfere in t he m at t er, as pet it ioners have assert ed quest ion in proceedings under Sect ion t he Land Revenue Act , 1901, 34 of which is not perm issible. Sect ion 34 of t he said Act is reproduced below for ready reference: - t he “ 34. Report of succession or t ransfer of possession.- ( 1) Every person obt aining possession of any land by succession or t ransfer ( ot her t han a succession or t ransfer which has already been recorded under Sect ion 33- A, shall report such succession or t ransfer t o t he Tahsildar of t he Tahsil in which t he land is sit uat e. ( 2) * * * ( 3) * * * ( 4) I f t he person so succeeding, or ot herwise is a m inor or ot herwise obt aining possession, disqualified, t he guardian or ot her person who has charge of his propert y shall m ake t he report required by t his sect ion. ( 5) No Revenue Court shall ent ert ain a suit or applicat ion by t he person so succeeding or ot herwise obt aining possession unt il such person has m ade t he report required by t his sect ion.”

8. Upon perusal of t he record it is revealed is a disput e as regards ident it y of t he land regarding which pet it ioners have claim ed t it le. t here t hat land and

9. Respondent s cont end t hat t he land, which belongs t o lat e Dharm anand is a different piece of regarding which t o Hari t heir right s belongs assert ed Dut t , Hari Krishan, Nand Kishore and lat e Keshav Ghananand, all sons of Dut t . pet it ioners t he fact s regard t he t he case,

10. Having t he writ circum st ance of pet it ion is disposed of wit h libert y t o pet it ioners t o approach t he appropriat e forum , for declarat ion of t heir t it le. The declarat ory suit filed by pet it ioners shall be decided on m erit s, unt ram m elled by t he observat ions m ade by Board of Revenue in t he im pugned j udgm ent , in view of Sect ion 40- A of t he Land Revenue Act . t he provision cont ained Navin ( M a n o j K u m a r Ti w a r i , .J.)

17.02.2025