WPMS/861/2021
2021 Latest Caselaw 1413 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
             ON THE 8TH DAY OF APRIL, 2021
                               BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

            Writ Petition (M/S) No. 861 of 2021

BETWEEN:
      Gita Devi                                   ....Petitioner
      (By    Ms.   Shubhangi    Pande,    Advocate,   holding   brief   of
      Ms. Prabha Naithani, Advocate)



AND:
      State of Uttarakhand & others               .....Respondents

      (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
      Uttarakhand/respondent nos. 1 to 5)


                          JUDGMENT

According to petitioner, a piece of land was allotted to her, by Land Management Committee, in the year 1990; but, her name has not been entered in the revenue records as allottee of the said land. It is further the case of the petitioner that she is continuously in possession over the said land.

2. By means of this writ petition, petitioner has sought following reliefs:-

"I. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to enter the name of petitioner in the revenue entries on the basis of allotment made in favour of petitioner by Gram Sabha in year 1990 which was duly approved by competent authority and over which the petitioner is in possession since year 1990.

II. Issue a writ order or direction in the nature of mandamus directing the respondents to maintain status quo in respect of the land in question till the disposal of petition/entries in the revenue record."

3. Petitioner wants mutation of her name in the revenue records for which she can approach the Competent Authority under the provisions of Land Revenue Act, 1901.

4. Accordingly, writ petition is disposed of with liberty to petitioner to approach the Competent Authority under the provisions of Land Revenue Act, 1901, by making appropriate application. If such application is made by the petitioner, then the same shall be decided as early as possible but, not later than six months.

(MANOJ KUMAR TIWARI, J.) Navin