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Judgment
LOK PAL SINGH, J.
This writ petition has been filed for the following reliefs, among others:
i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 2.3.2015 and 1.4.2015 passed by Commissioner, Kumaon Division,
Nainital and S.O.C. Kichha (contained in Annexure No.7 & 8) to the writ petition.
ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents S.S.P. Udham Singh Nagar and Station
House Officer Kichha, not to register any F.I.R. against the petitioner in pursuance of the order dated 2.3.2015 and 1.4.2015.
Brief facts of the case are that the petitioner, while posted as Assistant Consolidation Officer at Consolidation Court, Kichha, District Udham Singh
Nagar, decided cases no.992/1995 and 344 of 1995, by judgment dated 2.1.1995. Against the said judgment, aggrieved party preferred an appeal,
wherein the order passed by the petitioner was confirmed. Further aggrieved, aggrieved party went in revision. Meanwhile, the petitioner after
attaining the age of superannuation, got retired from service on 31.7.1997. On 02.6.2014, a complaint was moved by one Nanhu Singh Pal alleging that
the petitioner has passed the judgment dated 2.1.1995, without jurisdiction and has caused crores of revenue loss to the State. On the complaint,
inquiry was conducted and inquiry report was submitted by Joint Director, A.T.I., Nainital before the Commissioner stating that mutation has been
made on the basis of compromise and there is no registered sale deed and that the judgment passed by the petitioner, on the basis of adverse
possession, is not correct. Thereafter, the Commissioner sent a letter to the D.D.C./ District Magistrate, Udham Singh Nagar, to take action against
the petitioner in accordance with law. District Magistrate, after seeking opinion from the D.G.C. (Civil), sent a letter to the Commissioner stating that
the petitioner has retired in the year 1997 and he was the employee of the State of U.P., hence, no action can be taken against the petitioner.
Thereafter, on 02.03.2015, the Commissioner Kumaon Division, Nainital sent a letter to the District Magistrate, Udham Singh Nagar, stating that as
the departmental proceeding cannot be initiated against the petitioner, therefore, F.I.R. may be lodged and accordingly Consolidation Officer, Kichha
was directed to lodge F.I.R.
Counter affidavit has been filed on behalf of respondent nos.4 and 6 wherein it is stated at para-13 that the then Assistant Consolidation Officer
(petitioner) passed the order dated 2.1.1995 against the provisions of Section 9A of U.P. Consolidation of Holdings Act, 1953. The petitioner, vide its
order dated 2.1.1995, given the adverse possession of the land on the basis of the consent/compromise which is against the provisions of law. The
transfer of the land has been done without registered sale deed and on account of the illegal act, the State has lost its revenue/stamp duty.
Having heard learned counsel for the parties and after going through the material available on record, this Court does not find any illegality or
perversity in the impugned orders, so as to invoke extraordinary jurisdiction under Article 226 of The Constitution of India.
Writ petition lacks merit and is hereby dismissed. No order as to costs.