WPMS/2837/2021
2021 Latest Caselaw 5377 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
      ON THE 28TH DAY OF DECEMBER, 2021
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 2837 of 2021
BETWEEN:

Jugpal                                   ... Petitioner

      (By Mr. Rajveer Singh, Advocate)

AND:

State of Uttarakhand & others            ... Respondents

      (By Mr. S.S. Chauhan, learned Deputy Advocate General)


                       JUDGMENT

1. According to the petitioner, there are some fruit bearing trees and other trees standing over his agricultural land, however, the private respondents are trying to cut those trees without any authority of law.

2. In the relief clause, petitioner has sought a direction to the Sub-Divisional Magistrate, Roorkee, District Haridwar to take decision on petitioner's application filed under Section 41 of U.P. Land Revenue Act, 1901.

3. Since petitioner has made application under Section 41 of U.P. Land Revenue Act only on 10.12.2021, therefore, no direction can be issued to the Competent Authority to decide petitioner's application in a time bound manner.

4. Accordingly, writ petition fails and is hereby dismissed. However, since petitioner's application is pending, this Court hopes and expects that the Competent Authority shall decide his application, in accordance with law, as early as possible.

(Manoj Kumar Tiwari, J.) Aswal