Smt Urmila Bhatt & Others vs State Of Uttarakhand & Others
2014 Latest Caselaw 4461 Del

           IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL

             Writ Petition No. 2150 of 2014 (M/S)

Smt. Urmila Bhatt and others                                  .....Petitioners

                                      Versus

State of Uttarakhand and others                       ..........Respondents

Present:

Mr. M.S. Tyagi, Advocate for the petitioners. Mr. R.C. Arya, Standing Counsel for the State of Uttarakhand/respondents.

Hon'ble Alok Singh, J (Oral).

The only grievance of the petitioner is that no agricultural land is left in village Haripur Kalan, therefore, record survey under Section 48 of the U.P. Land Revenue Act is not possible.

As to whether survey is possible or construction has been raised on entire agricultural land can only be verified on the spot. Survey Naib Tehsildar or Revenue Authorities carrying out the survey would be in better position to submit the report as to whether survey pursuant to the impugned notification would be possible or not. If after the inspection, they found that survey is not possible, obviously survey shall not be done, however, if any survey is possible survey shall be done.

With this observation, writ petition is disposed of.

CLMA No. 10407 of 2014 also stands disposed of accordingly.

(Alok Singh, J.) 15.9.2014 Avneet/