Uttarakhand High Court
WPMS/2768/2021 on 22 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 22ND DAY OF DECEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 2768 of 2021
BETWEEN:
Sh. Shivram Dangwal & others. .....Petitioners
(By Mr. Niranjan Bhatt, Advocate)
AND:
State of Uttarakhand & others. ......Respondents
(By Mr. G.S. Negi, Additional C.S.C. for the State of
Uttarakhand)
JUDGMENT
According to the petitioners, their land was
acquired in the year 1964 for construction of
Collectorate Building at Uttarkashi. It is further their
case that, in the year 2005, a part of the land so
acquired was allotted to the petitioners for residential
purposes and, out of the land so allotted, 50% was
sold by petitioners to respondent no. 8, in the year
2007.
2. Grievance of the petitioners is that now
respondent no. 8 has also been allotted land in the
same locality and even such plots which were said to
be covered by Government Buildings earlier, when
petitioners' claim was being considered, have been
allotted to respondent no. 8 and, in the report
submitted by District Magistrate, pursuant to
petitioners' complaint, an attempt has been made to
hush-up the matter.
3. By means of this writ petition, petitioners
have sought the following reliefs:
"a. Issue a writ, order or direction in
the nature of a writ of certiorari
quashing the report dated 08-03-2021
submitted by the Ld. District
Magistrate, Uttarkashi to the Deputy
Secretary, Revenue Anubhag-II,
Dehradun as well as enquiry report
dated 15-05-2018 of Revenue Sub
Inspector Tekhla, Bhatwari, Uttarkashi
and report dated 21-05-2018 of Naib-
Tehsildar, Joshiara, Up-Tehsil Joshiara,
Bhatwari, Uttarkashi (Annexure No. 1,
2 and 3).
b. Issue a writ, order or direction in
the nature of Certiorari quashing the
residential allotment/patta dated 04-
06-2015 so far it relates to Khasra No.
1879/ma measuring 0.008 hectares
situated at Mouza Barahaat, Bhatwari
Road, Bhatwari, District Uttarkashi
(Annexure No.4).
c. Issue a writ, order or direction in
the nature of Mandamus directing the
revenue authorities, State of
Uttarakhand to allot the surplus land
of Khasra No. 1879/ma measuring
0.008 hectares situated at Mouza
Barahaat, Bhatwari Road, Bhatwari,
District Uttarkashi to the petitioners as
per Govt. Order dated 09-04-1973."
4. Petitioners have raised a dispute that land
which was held to be not allotable earlier has been
allotted to respondent no. 8. However, such dispute
cannot be adjudicated under Article 226 of the
Constitution.
5. Having regard to the facts & circumstances
of the case, the writ petition is disposed of with
direction to Deputy Secretary, Revenue Department,
Government of Uttarakhand to consider petitioners'
representation dated 16.07.2021 (annexed as
Annexure No. 15 to the writ petition) and take
appropriate decision thereupon, in accordance with
law, as early as possible, preferably within a period of
six months from the date of production of certified
copy of this order alongwith copy of representation.
Before taking decision, Mr. Mangla Nand Bhadri
(respondent no. 8) shall also be heard.
(MANOJ KUMAR TIWARI, J.)
Arpan
