WPMS/1251/2021
2021 Latest Caselaw 2318 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. 1251 of 2021

BETWEEN:

Kiranpal.                                       ...Petitioner
     (By Mr. Bhupesh Kandpal, Advocate)

AND:
District Magistrate, Dehradun
& others.                                  ....Respondents
     (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
     Uttarakhand)


                      JUDGMENT

By means of this writ petition, petitioner has sought the following relief:

"1. A writ, order or direction in the nature of mandamus commanding the respondent no. 1 and 2/respondent revenue authority(s) to conclude the demarcation of the property bearing Khata No. 961, Khasra No. 4188 area 0.2310 Hect Situated at pargana Majri Grant Parwadoon Tehsil Doiwala District Dehradun as early as possible in accordance with law pursuant to the application preferred by the petitioner (annexure-2 to this writ petition)."

2. Perusal of the writ petition indicates that not a single application has been made by the petitioner under Section 41 of U.P. Land Revenue Act.

3. Since petitioner has alternative remedy under the said provision, the relief, as claimed in the writ petition, cannot be granted.

4. Accordingly, the writ petition fails and is dismissed. However, petitioner shall be at liberty to approach the Competent Authority under Section 41 of U.P. Land Revenue Act.

(MANOJ KUMAR TIWARI, J.) Arpan