WPMS/1384/2021
2021 Latest Caselaw 2698 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 29TH DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
      Writ Petition (M/S) No. 1384 OF 2021
BETWEEN:

Naseeb Kaur                              ...Petitioner

     (By Mr. Dinesh Gahtori, Advocate)

AND:

State of Uttarakhand & others            ...Respondents

     (By Mr. V.D. Bisen, learned Brief Holder)


                      JUDGMENT

1. According to the petitioner, she filed an application under Section 41 of Land Revenue Act, 1901 seeking demarcation of land, which was allotted to her. The said application was made by the petitioner on 18.11.2016.

2. By means of this writ petition, petitioner has sought following relief:-

(i) Issue a writ of mandamus directing the respondent no. 2 to act upon the application of the petitioner dated 18.1.2016 (Annexure No. 3 to this petition) and handover the possession to the petitioner.

3. From the prayer made in the writ petition, it is clear that petitioner is not in possession over the land in question. Under the garb of demarcation, petitioner wants possession over the land in dispute. The proceedings under Section 41 of the Land Revenue Act are not meant for obtaining possession of land.

4. In such view of the matter, the relief, as claimed in the writ petition, cannot be granted. Accordingly, the writ petition is dismissed with liberty to the petitioner to approach the appropriate forum for claiming possession.

(MANOJ KUMAR TIWARI, J.) Aswal