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2023 DIGILAW 69 (UTT)

Martand Singh v. Devi Prasad

2023-01-12

VIPIN SANGHI

body2023
JUDGMENT Vipin Sanghi, CJ. - Issue Notice. 2. Mr. Neeraj Garg, learned counsel for the respondents, appears and accepts notice. 3. The present petition has been preferred by the petitioner to seek the following relief:- '(i) Issue a writ, order or direction in the nature of certiorari calling for the record of the case and to quash the impugned order /judgment dated 23.12.2022 (Annexure No. 2) passed by Board of Revenue, Uttarakhand at Dehradun in Misc. Case No. 13 / 2021 - 2022 Martand Singh vs. Devi Prasad and another and further to allow the delay condonation application and restoration application filed by the petitioner challenging the compromise order dated 27.05.2019 passed in Revision No. 89/2017 Devi Prasad and another Vs. Surendra Pratap Singh.' 4. The submission of Mr. Bahuguna, proxy counsel for Mr. Kshitij Sah, learned counsel for the petitioner is that the Board of Revenue rejected his application for recall on the ground that the same was barred by limitation, and the same was not maintainable. 5. The Application was preferred by the petitioner to seek recall of the order, whereby the compromise arrived at between the present respondent and the respondent in the Revision Petition No. 69 of 2017 was recorded, and the Collector was directed to pass an order after completing the formalities in the revision petition and in accordance with law. 6. The case of the petitioner is that the petitioner's name already stands recorded in the revenue records in respect of the land-in-question as a Co-Bhumidhar, and if the Collector proceeds to pass an order without hearing the petitioner, the same would be highly prejudicial to the petitioner. 7. In my view, the direction issued by the Board of Revenue to the Collector to pass an order inter alia after completing the formalities is broad enough to require the Collector to notice the petitioner, since the petitioner is also one of the Co-Bhumidhars in respect of the land-in-question. The Collector shall, accordingly, put the petitioner to notice while dealing with the compromise arrived at between the present respondent and the respondent in the aforesaid Revision Petition. 8. The petition stands disposed of accordingly.