WPMS/263/2021
2021 Latest Caselaw 2006 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
              ON THE 23rd DAY OF JUNE, 2021

                               BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


            Writ Petition (M/S) No.263 of 2021

BETWEEN:
  Nandan Singh and Ors.                                .....Petitioners
       (By Mr. Ashish Joshi, Advocate)



AND:

     Government of Uttarakhand & Ors.
                                                   .....Respondents

       (By    T.S.    Phartiyal,  Addl.    C.S.C.    for   State    of
       Uttarakhand/respondent nos.1 to 4 Mr. Ankurit Raj David,
       Advocate for respondent no.5 and Mr. D.C.S. Rawat, Advocate for
       respondent no.6 )



                            JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. According to the petitioners, they are recorded tenure holder in respect of agricultural land situate in Village Jandichaur West Patti Halukhata, Havyar Tehsil, District Pauri Garhwal. The grievance of the petitioner is that name of respondent nos.5 and 6 has been recorded as tenure holder in respect of the land belonging to the petitioner in the absence of any order passed by the Competent Authority and now they are alienating the land belonging of the petitioners.

3. By means of this writ petition, petitioners have sought the following reliefs:-

I. Issue a writ, order or direction in the nature of mandamus directing the respondent no.5 and 6 to restrain from selling out the land khasra no.374/1 situated at Village Jandichaur West Patti Halukhata, Havyar Tehsil, Pauri Garhwal till the disposal of the writ petition.

II. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 and 4 to correct the khatoni depicting the name of respondent no.5 and 6 which have been entered in Khatoni fraudulently and prejudicing the claims of petitioners.

4. Petitioners have private dispute with respondent nos.5 and 6 which cannot be adjudicated in a writ petition under Article 226 of Constitution of India. Therefore, the writ petition is disposed of with liberty to the petitioners to approach the Competent Authority by making an appropriate application as per provisions contained in the Land Revenue Act, 1904. If such an application is made, the same shall be decided expeditiously.

5. Pending applications, if any, stands disposed of accordingly.

(MANOJ KUMAR TIWARI, J.) Rajni