Uttarakhand High Court
Unknown vs Others"] Under Section 229B on 16 April, 2026
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
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16.04.2026 WPMS No. 631 of 2026
Hon'ble Alok Kumar Verma, J.
Shri Ajay Bhardwaj (now deceased), Anil Bhardwaj (respondent no.22) and Arvind Bhardwaj (respondent no.23) filed a Suit [Suit No. 18 of 2001-2002 (new number 5 of 2020-21), "Shri Ajay Bhardwaj and Others Vs. Shri Dinesh Chandra and Others"] under Section 229B, Section 176 and Section 178 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (as applicable in the State of Uttarakhand). Mr. Manoj Bhardwaj (respondent no.17) had filed an application to restrain the parties from selling, raising any construction and changing the nature of the suit property. The Assistant Collector, Ist Class, Mussoorie allowed the said application ex-parte on 09.01.2024. A Revision [No.59 of 2024-25, "Shri Gyan Prakash Bhardwaj (deceased) through Navneet Bhardwaj Vs. Sudhir Bhardwaj and Others"] was preferred before the Additional Commissioner, Garhwal Mandal against the order dated 09.01.2024. The Additional Commissioner, Garhwal Mandal, by order dated 30.05.2025, while partially allowing the revision, set aside the order dated 09.01.2024 and remanded the case. The respondent nos. 1 to 7 filed a Revision (Revision No. 144 of 2025, "Shri Sharad Bhardwaj and Others Vs. Shri Navneet Bhardwaj and Others") before the Board of Revenue. The Board of Revenue, by impugned order dated 07.08.2025 partially allowed the revision and remanded the matter back to the Assistant Collector, Ist Class, Mussoorie.
2. Mr. Bhuwan Bhatt, learned counsel for the petitioner, Mr. Piyush Garg, learned counsel for the caveator / respondent nos. 1 to 7 and Mr. Sudhir Nailwal, learned Standing Counsel for the respondent no.50.
3. Mr. Bhuwan Bhatt, Advocate, appearing for the petitioner submitted that the Additional Commissioner had observed that Gyan Prakash Bhardwaj passed away on 07.01.2015 before passing the order dated 09.01.2024. The order dated 09.01.2024 was passed against the dead person. The Board of Revenue has revived the order dated 09.01.2024 by partially allowing the revision. Order dated 07.08.2025 has been passed in violation of the principles of natural justice, without providing any opportunity of hearing to the petitioner.
4. Learned counsel for the parties have sought three days' time to get instructions.
5. Time is granted.
6. List on 21.04.2026 after fresh cases.
(Alok Kumar Verma, J.) 16.04.2026 Shiv/