WPMS/1120/2021
2021 Latest Caselaw 1921 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
               ON THE 17th DAY OF JUNE, 2021

                                 BEFORE:

  HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


             Writ Petition (M/S) No.1120 of 2021

BETWEEN:
  Amita Sharma                                            .....Petitioner
        (By Mr. Rajveer Singh, Advocate)



AND:

  Commissioner and Secretary Revenue Council
  Uttarakhand
        (By V.D. Bisen, Brief Holder for the State of Uttarakhand)

                                                     .....Respondent


                             JUDGMENT

Petitioner has grievance against continuation of respondent no.3 on the post of Tehsildar in Tehsil Bhagwanpur, District Haridwar.

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

(i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.1 & 2 to take appropriate steps to comply with the order dated 22.10.2020 as per law.

(ii) Issue a writ, order or direction in the nature of mandamus directing the

respondent nos.1 and 2 to decide the representation dated 11.11.2020 of the petitioner.

(iii) Issue any writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

(iv) To impose heavy cost to the respondent number 1 and 2 who had violated the mandatory provision of law and to recover such cost from the salary of the respondent number 1 and 2 and such cost be paid to the petitioner.

3. Without expressing any opinion on the merits of the case, this Court thinks that ends of justice would be met if petitioner is permitted to make a representation to the Secretary, Revenue Department - respondent no.2 within three weeks from today. If such a representation is made within stipulated time, the Secretary, Revenue Department shall look into the matter and pass appropriate order in accordance with law within three months thereafter. It goes without saying that before passing the order, respondent no.3 shall also be heard.

4. Subject to the above, writ petition stands disposed of finally.

(MANOJ KUMAR TIWARI, J.) Rajni