Pushpinder Kaur v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

THE HON'BLE SRI JUSTI CE ALOK KUMAR VERMA

2 0 TH DECEMBER, 2 0 2 4

W r it Pet it ion No. 3 5 3 1 of 2 0 2 4 ( M/ S)

Pushpinder Kaur

...Petitioner Ver su s

State of Uttarakhand and Others

…Respondents

Counsel for the Petitioner : Mr. Dharmendra Barthwal,

Advocate.

Counsel for the Respondent : Mr. Devendra Pant, Nos.1 to 4

Standing Counsel assisted by Mr. Hargovind Pant, Brief Holder.

Hon 'ble Alok Ku m ar Ver m a,J.

The case of the petitioner is that he had submitted an application to the Sub-Divisional-Magistrate, Ramnagar, District Nainital under Section 41 of the Uttar Pradesh Land Revenue Act, 1901 (as applicable in the State of Uttarakhand) for demarcation of his property. The revenue officials did not get the demarcation done. The petitioner moved an another application dated 07.11.2024 (annexure no.2 to the writ petition) to the Sub Divisional Magistrate, Ramnagar, District Nainital. The said application is still pending. Therefore, the present writ petition has been filed by the

petitioner under Article 226 of the Constitution of India with the following prayers : -

" (I) Issue a writ order оr direction in the nature of mandamus commanding and directing the respondent no. 3 & 4 to forthwith get the petitioner's property (i.e. khata no. 84, khasra no. 328 Min, measuring 0.044 hectare, situated at Village Dhikuli, Tehsil Ramnagar, District Nainital, khata no. 78, khasra no. 329, measuring 0.063 hectare, khata no. 70, khasra no. 324,325 & 326) demarcated within such time frame as this Hon'ble Court deem fit and proper under the facts and circumstances of the case.

(II) Issue any other or further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."

2 .

Heard Mr. Dharmendra Barthwal, learned counsel for the petitioner and Mr. Devendra Pant, learned Standing Counsel for the respondent nos. 1 to 4. 3 .

Mr. Devendra Pant, Advocate, has sought four weeks' time to decide the application dated 07.11.2024. 4 .

With the consent of both the parties, the present writ petition (WPMS No. 3531 of 2024) is disposed of by directing the Assistant Collector In-charge of Sub Division Ramnagar, District Nainital to decide the application of the petitioner dated 07.11.2024, filed under Section 41 of the Uttar Pradesh Land Revenue Act,

1901 (as applicable in the State of Uttarakhand) and to pass order in accordance with law as expeditiously as possible but not later than four weeks from the date of production of certified copy of this order.

_ _ _ __ _ _ _

ALOK KUMAR VERMA, J.

Dt: 20.12.2024 Shiv/

SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=acdf10a01e98b19449a7dc3beb4e29 4826f188e8btib97f5b563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96 ADC0F2DE74454B24EE89DAA5FC5D31E0176 0E37D, cn=SHIV PRASAD Date: 2024.12.20 17:38:34 +05'30'