WPMS/1195/2021
2021 Latest Caselaw 2093 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 28TH DAY OF JUNE, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     Writ Petition (M/S) No. 1195 OF 2021
BETWEEN:
Amita Sharma                             ...Petitioner

     (By Mr. Rajveer Singh, Advocate)

AND:
Collector District Magistrate Haridwar
& others                            ...Respondents

     (By Mr. T.S. Phartiyal, learned Additional C.S.C.)


                       JUDGMENT

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

(i) Issue a writ, order or direction in the nature of mandamus directing the Respondent no. 1, 2, 3 & 4 to demarcate the land of the petitioner and to delivered the possession of the petitioner's land Gata number 85/1 area 16 Biscay 10 Bishwancy Puktha, old Gata number 85 new Gata no. 154, situated in village Shahpur Mustakam, Tehsil Bhagwanpur, District Haridwar according to final Land Map/Sajra.

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

Respondent no. 1,2,3 & 4 to demarcate the land of the petitioner and to destroy the illegal encroachment on the land of the petitioner and to delivered the possession of the petitioner's land Gata numbr 85/1 area 16 Biscay 10 Bishwancy Pukhta, old Gata number 85 new Gata no. 154, situated in village Shahpur Mustakam, Tehsil Bhagwanpur, District Hatidwar according to Final Land Map/Sajra.

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

secretary of Uttarakhand Government to initiate departmental proceeding against the responsible office of the Government.

2. From perusal of the writ petition, it appears that in the concerned village consolidation operations began, and pursuant to order passed by the Consolidation Authorities, holding of the villagers, including the petitioner, were consolidated. Now, petitioner wants execution of the order passed by the Consolidation Authorities.

3. Learned counsel for the petitioner has made a statement that consolidation proceedings have come to a close; therefore, petitioner does not have any remedy before the Consolidation Authorities.

4. Mr. T.S. Phartiyal, learned Additional C.S.C. appearing for the State of Uttarakhand, on instructions, submits that the orders passed by Consolidation Authorities are under challenge before this Court under Article 227 of the Constitution of India, therefore, any direction issued by this Court in the present writ petition would prejudice the rights of the parties to the petition filed under Article 227 of the Constitution.

5. This Court finds substance in the contention made by learned Additional C.S.C. for the State. If the order passed by the Consolidation Authorities has not attained finality and the same is under challenge before this Court under Article 227 of the Constitution of India, therefore, any direction issued at this stage to execute the order passed by the Consolidation

Authorities would be unwarranted, as it will prejudice the interest of the parties to the dispute.

6. In such view of the matter, this Court declines to entertain this writ petition. Accordingly, writ petition fails and is dismissed. No order as to costs.

(MANOJ KUMAR TIWARI, J.) Aswal