WPMS/1217/2021
2021 Latest Caselaw 2311 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
               ON THE 8th DAY OF JULY, 2021

                             BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


           Writ Petition (M/S) No.1217 of 2021

BETWEEN:
  Sakiluddin and Ors.                              .....Petitioners
       (Mr. Pankaj Tangwan, Advocate)



AND:

     State of Uttarakhand & Ors.
                                             .....Respondents

       (Mrs. Mamta Bisht, Deputy Advocate General along with Mr.
       Devesh Ghildiyal, Brief Holder for the State)




                           JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. According to the petitioners, they were in cultivatory possession of land comprised in Village Diyodi, Up Tehsil Nanakmatta, District Udham Singh Nagar and name of father of the petitioners was also entered in the revenue record in respect of said land. Petitioner is aggrieved by an order dated 03.07.2019, whereby said land has been given in the custody of one Shri Pradeep Singh S/o Mahendra Singh.

3. Learned counsel for the petitioner submits that the said land was originally recorded as category 4 land, which was erroneously shown as category 5(3). He further submits that Government has issued orders for regularization of possession of occupants over category 4 land. He further submits that the act of revenue authorities in handing over possession of the land in question in the custody of Pradeep Singh is absolutely unjustified, as petitioner had a right to cultivate the said land.

4. Without expressing any opinion on the final merits of the claim made by the petitioners, writ petition is disposed of with liberty to the petitioners to make a joint representation to the S.D.M. concerned. If such representation is made within two weeks from today, decision thereupon shall be taken within six weeks thereafter.

(MANOJ KUMAR TIWARI, J.) Rajni