Uttarakhand High Court
Unknown vs U. C. Dhyani on 5 September, 2014
Author: U. C. Dhyani
Bench: U. C. Dhyani
WPMS No. 2067 of 2014 U. C. Dhyani, J.
Mr. Vijay Bhatt, Advocate present for the petitioner.
Mrs. Prabha Naithani, Brief Holder for the State of Uttarakhand/Respondents no. 1 to 3.
Mr. Vijay Bhatt, learned counsel for the petitioner submits that property, in question, was declared as Abadi land under Section 143 of UPZA & LR Act in the year 1997; after declaration made under Section 143 of UPZA & LR Act, revenue authorities had absolutely no jurisdiction to pass mutation order, order was absolutely without jurisdiction, therefore, learned Commissioner was duty bound to disturb the order dated 12.08.2010 while exercising the revisional jurisdiction, however, revision was dismissed on hyper technical ground that petitioner instead of filing the revision, ought to have filed appeal.
Issue notice to the private respondents by the registered post AD in addition to normal mode of service returnable within three weeks on steps being taken by the petitioner within a week.
Mrs. Prabha Naithani, learned brief holder for the respondent nos. 1 to 3 seeks and is granted three weeks' time to file counter affidavit.
List alongwith WPMS Nos. 1757, 1758, 1759, 1760, 1770, 1771, 1772, 1773, 1775, 1776, 1777 of 2014.
(U. C. Dhyani, J.) 05.09.2014 SH