WPMS/512/2021
2021 Latest Caselaw 677 UK

     IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
           ON THE 4TH DAY OF MARCH, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       WRIT PETITION (M/S) No. 512 of 2021

 BETWEEN:

 Shyam Lal.                                    .......Petitioner
       (Mr. P.C. Petshali and Mr. Kaushal Sah Jagati, Advocates)

 AND:
 District Magistrate,
 Udham Singh Nagar & others.                 ....Respondents
       (Mr. G.S. Negi, Additional C.S.C. for the State of
       Uttarakhand)


                        JUDGMENT

According to the petitioner, agricultural land was allotted to him in Village Kachnalgazi, Tehsil Kashipur, District Udham Singh Nagar, as he was a landless labourer, belonging to Scheduled Caste Community.

2. It is the case of the petitioner that, due to flashflood in Dhela River in the year 2008-09, the boundary marks of the land allotted to the petitioner was washed away and, since then, petitioner is not being permitted to undertake agricultural operations in the said land. It is further the case of the petitioner that proceedings for demarcation of land, allotted to the petitioner and other similarly situate persons, were initiated in the year 2018; but, such demarcation process have not been concluded so far.

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

"(i) Issue a writ order or direction in the nature of mandamus to direct the respondents to conclude the demarcation proceedings of the allotted agricultural land to the petitioner at Khasra no. 182/2 Min, measuring 0.405 heq. situated at Village Kachnalgazi, Tehsil Kashipur, District U.S. Nagar, expeditiously within a stipulated time.

3. Having regard to the fact that demarcation proceedings were initiated in June, 2018 and have not concluded as yet, the writ petition is disposed of with a direction to S.D.M., Kashipur to conclude the demarcation proceedings as early as possible; but, not later than six months from the date of production of certified copy of this order.

4. It goes without saying that, demarcation of plots will be done in the presence of all the allottees/ tenure holders.

(MANOJ KUMAR TIWARI, J.) Arpan