WPMS/41/2021
2021 Latest Caselaw 2351 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
            ON THE 9TH DAY OF JULY, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 41 of 2021

BETWEEN:

Suman Bisht.                                         ...Petitioner
     (By Mr. Dharmendra Barthwal, Advocate)

AND:
District Magistrate, District Pithoragarh
& others.                               ....Respondents
     (By Mrs. Mamta Bisht, Deputy Advocate General and Mr.
     T.S.   Phartiyal,   Additional   C.S.C.   for   the   State   of
     Uttarakhand)


                         JUDGMENT

Petitioner was granted permission to use J.C.B. The said permission, however, was cancelled vide order dated 26.10.2019 passed by S.D.M., Gangolihat. Thus, feeling aggrieved, petitioner has approached this Court.

2. A counter affidavit has been filed on behalf of respondent no.2. In paragraph no. 5 of the counter affidavit, the stand taken is that the order of mutation passed in favour of the petitioner has been challenged by the private respondents before Commissioner, Kumaon Division and the permission for using J.C.B. was cancelled due to pendency of that Appeal.

3. Learned Deputy Advocate General submits that since the private respondents are also claiming title over the land which petitioner wants to level by using J.C.B., therefore, in order to maintain peace & tranquility, S.D.M. has passed the order cancelling the permission, which is impugned in the writ petition.

4. Since the defence taken in the counter affidavit is that private respondents have filed an Appeal against the mutation order, which is pending before the Commissioner, Kumaon Division and, on account of pendency of the said Appeal, permission has been cancelled, therefore, writ petition is disposed of with a direction to Commissioner, Kumaon Division to decide Appeal No. 102 of 2019-20 filed by private respondents as early as possible, preferably within a period of ten weeks' from the date of production of certified copy of this order.

5. Till decision on the said Appeal, parties are directed to maintain status quo.

(MANOJ KUMAR TIWARI, J.) Arpan