WPMS/1403/2021
2021 Latest Caselaw 2603 UK

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                                     WPMS No. 1403 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Through Video Conferencing)

Mr. Naman Kamboj, Advocate for the petitioner.

Mr. I.P. Kohli, Standing Counsel for the State of Uttarakhand.

Mr. Ashish Joshi, Advocate for respondent No. 2.

The petitioner has preferred an application, invoking the provisions contained under Sections 33/39 of the Land Revenue Act

of 2017-18, whereby, he prayed for that his name may be recorded in the revenue records as against the land lying in Khata Khatoni No. 878, Fasli year 1422-1427, khasra No. 1109 Ka, measuring 0.0527 hectares, situated in abadi and as recorded Abadi being in Shreni 6 (2). The Court of Assistant Collector, had decided the said application by an order of 26th October, 2020, whereby, the petitioner's application was allowed, which was put to challenge by respondents by preferring a Revision, being Revision No. 7 of 2020-21, under Section 219 of the Land Revenue Act, before the Court of learned Commissioner Garhwal Mandal, Dehradun.

The Revision, thus preferred by the respondents, the learned Commissioner has passed the impugned order dated 8th July, 2021, by deriving his rational not to decide the Revision on merits, on the pretext of the judgment which was rendered by this Court in Writ Petition No. 2414 of 2020, which was under altogether a different context and under different circumstances, and the facts which were engaged consideration therein were not identical, which could have been borrowed for the purposes of passing the order of 8th July, 2021, holding thereof denying to venture into the Revision preferred by the petitioner on merits.

In that eventuality, the Revisonal Court is directed to decide the Revision No. 7 of 2020-21, exclusively on its own merit, without borrowing any implications or analogy from the judgment of 6th December, 2020, which was rendered by this Court in Writ Petition No. 2414 of 2020, because the said ratio would not be applicable in the circumstances of the present case and herein, the Revision has to be decided on its own merit.

In that eventuality and in view of the argument extended by the learned counsel for the parties, this Writ Petition is being disposed of with the request to the Revisional Court to decide the Revision, on its own merit without attracting the principles of the judgment of 6th December, 2020. The Revision itself would be decided within a period of two months from the date of production of the certified copy of this judgement.

(Sharad Kumar Sharma, J.) Dated 26.07.2021 Shiv