Darshan Singh @ Heera vs Assistant Collector

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of this writ petition filed under Article 227 of the Constitution of India, petitioner has sought the indulgence of this Court for issuance of writ of certiorari calling for the record and to quash the order dated 18.12.2023 (Annexure No.1) passed by respondent in Case No.01/2023-24 State Vs. Nirankar Singh and others, under Section 189 of U.P.Z.A.&L.R. Act, Village Azabpur Kalan, Tehsil and District Dehradun, whereby the land comprised in Khasra No.824Ga admeasuring 0.0310 Hectares was directed to be vested in the State.

The facts of the case in nutshell are that one-Meher Singh purchased the land in-question, by way of a registered sale deed on 22.08.1979 and came in possession of the aforesaid land. According to the petitioner, he is the real nephew of Meher Singh who died issueless. According to the order of succession, he is entitled to succeed aforesaid land. But, due to certain forged documents, one-Nirankar Singh S/o Sri Gajendra Singh R/o C-80, Devendrapuri, Modinagar, Gaziabad Uttar Pradesh and Sandeep Kumar S/o Sri Subhash Chand, R/o Kulan Kullan, Fatehabad, Haryana got the aforesaid land mutated in their names by way of alleged forged sale deed. Some complaints were received and an inquiry was conducted in respect of alleged forged sale deed and consequent mutation of the aforesaid land in their name. On inquiry, it was found that Nirankar Singh and Sandeep Kumar illegally got mutated the land in their names and accordingly, under Section 189 of the U.P.Z.A.&L.R. Act, the land subject matter of the original sale deed dated 27.08.1979 was proposed to be vested in the State.

A preliminary order was passed on 18.12.2023 to vest said land with the State Government. The Parwana was also issued and the land was also recorded in the name of State Government. But, at the same time, a public notice was issued on the same day i.e.18.12.2023 calling upon the general public to appear and submit the evidence, objection and claims in regard to the vesting of the land with the State Government by 03.01.2024.

It is submitted by learned counsel for the petitioner that the petitioner is the only surviving legal heir of Meher Singh and he has got interest in the aforesaid property and therefore, he wants to file his claim/objection/documents against the vesting.

It is also contended by learned counsel for the petitioner that the petitioner is resident of State of Uttar Pradesh and lives in Village Raasna, District Meerut, Uttar Pradesh, therefore, public notice issued by the State Government could not come in his knowledge and he could not appear before the authority concerned on 03.01.2024 to produce the documents/objections with regard to the aforesaid land.

It is further submitted by learned counsel for the petitioner that if an opportunity is given to the petitioner to produce his evidences and documents/ objection with regard to the land in-question in the proceedings under Section 189 of U.P.Z.A.&L.R. Act, the ends of justice would be met.

There is no objection from the side of State.

Accordingly, writ petition is disposed of finally. Petitioner is given one opportunity to appear before the respondent-Assistant Collector First Class/Sub-Divisional Magistrate, Sadar, District Dehradun, within 10 days from today and produce his documents/objections with regard to right and interest of the land in-question and if he appears before the respondent-Assistant Collector First Class/Sub-Divisional Magistrate, Sadar, District Dehradun within 10 days, respondent shall decide the claim of the petitioner within three months thereafter.

Pending application(s), if any, stands disposed of.