WPMS/706/2021
2021 Latest Caselaw 1221 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
       ON THE 26TH DAY OF MARCH, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 706 of 2021

BETWEEN:

Smt. Jyotir Kumari.                              ....Petitioner
     (By Ms. Mamta & Mr. Chetan Joshi, Advocates)

AND:
Commissioner, Garhwal
Division & others.                         ......Respondents
     (By Mr. G.S. Negi, Additional C.S.C. for the State of
     Uttarakhand   and   Mr.   Aditya   Singh,   Advocate    for
     respondent no. 2)


                      JUDGMENT

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

"(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 08.03.2021 (Annexure No.

2) to the extant it has not granted stay of the order under section 41 of the Land Revenue Act, 1901 and be pleased to stay the effect and operation of the order dated 03.03.2021 (Annexure No.1) passed by Assistant Collector Ist Class/SDM Sadar, Dehradun.

(ii) Issue an appropriate writ order or direction directing the respondent not to interfere in the peaceful possession of the petitioner over the land in question."

2. Admittedly, petitioner has filed an Appeal before Commissioner, Garhwal Division against the order passed by Assistant Collector, Ist Class, Dehradun, under Section 41 of Land Revenue Act. Petitioner's Appeal has been admitted; but, no interim order has been passed.

3. Learned counsel for the petitioner submits that, in the absence of any protection by the Appellate Authority, respondent no. 2 is interfering with petitioner's possession over her property.

4. Learned counsel appearing for respondent no. 2 has apprised the Court that petitioner's stay application has been listed before the Appellate Authority on 08.04.2021 for disposal.

5. Since the Appellate Authority is yet to pass any order on the stay application, therefore, the writ petition is disposed of with a direction to Appellate Authority to consider and decide petitioner's stay application on the next date fixed or any other day within three weeks thereafter.

6. For a period of six weeks or till disposal of stay application, whichever is earlier, parties shall maintain status quo qua possession and no third party interest shall be created over the land in question.

(MANOJ KUMAR TIWARI, J.) Arpan