WPMS/2848/2021
2021 Latest Caselaw 5413 UK

     IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
      ON THE 29TH DAY OF DECEMBER, 2021
                                  BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Writ Petition (M/S) No. 2848 of 2021
BETWEEN:
Kunti Devi and another                                        ...Petitioners
        (By Mr. Rakesh Kumar Bhadola, Advocate)

AND:

State of Uttarakhand and others                           ...Respondents
        (By Mr. G.S. Negi, Additional Chief Standing Counsel for the State.)


                             JUDGMENT

According to the petitioners, they were granted lease of agricultural land under Government Grants Act, 1895. It is further contended by the petitioners that subsequently, in the year 2016, they were granted Bhumdari Rights over the lease land pursuant to government policy and they are in cultivatory possession of the said land.

2. Grievance of the petitioners is that some unscrupulous persons are interfering in their peaceful possession over the land in question. Consequently, petitioners had moved an application under Section 41 of U.P. Land Revenue Act, 1901 for demarcation of the said land. Such application was moved by the petitioners on 28.08.2019, however, no decision has been taken thereupon.

3. By means of this writ petition, petitioners have sought a direction to the

Competent Authority to take decision on their demarcation application, expeditiously.

4.        Having     regard    to   the      fact   that
demarcation     application   was    filed     by   the

petitioners on 28.08.2019, which is said to be pending, the writ petition is disposed of with direction to Assistant Collector Ist Class, Kotdwar to make every endeavour to decide the demarcation application filed by the petitioner as early as possible, but not later than six months from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Shubham