Uttarakhand High Court
Smt. Seeto & Ors. ... vs Jahoor Ahmad & Ors on 11 November, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition No. (M/S) 2297 of 2011
Smt. Seeto & Ors. ..........Petitioners
Mr. Rajendra Singh Azad, Adv.
-Versus-
Jahoor Ahmad & Ors. .......Respondents
Mr. Mohd. Safdar, Adv.
Sri S.K. Mishra, J.
Date of hearing and judgment
11.11.2021
1. Heard Mr. Rajendra Singh Azad, the learned
counsel for the petitioners and Mr. Mohd. Safdar, the
learned counsel for the respondents.
2. In this writ petition, the petitioners prayed for
issuance of writ of certiorari quashing the impugned order
dated 27.01.2006, passed by the learned Commissioner,
Garhwal Region camp at Dehradun in Revision No. 99 of
2000-01 and the order dated 17.08.2000 passed by the
learned Additional Collector, Haridwar in Case No. 21 of
1998-99.
3. Petitioner no. 1 late Smt. Seeto and petitioner nos.
2, 3 and 4 were granted some agricultural lands for the
purpose of cultivation for five years by the Land
Management Committee of village Gee Mohmadpur
Sayeedpur, Pargana Bhagwanpur, Tehsil Roorkee, District
Haridwar on the ground that they had undergone the
family planning operation. The private opposite party no.1
and 2 have filed an application before the learned Addl.
Collector, Haridwar for cancellation of their grant which
was considered by the learned Addl. Collector, Haridwar
and after examining the same it came to the conclusion
that while granting the land for cultivation to the
petitioners no survey was made by the Land Management
Committee regarding the identification of landless
persons; secondly, he considered that since the grant was
only for five years and there was no provision of renewal
nor any renewal of the same was made by the Land
Management Committee, the temporary patta issued in
favour of the petitioners were cancelled. The petitioners
carried the matter in a revision under Section 333-A of the
U.P. Z.A & L.R. Act to the Court of learned Commissioner
which was disposed of by the Commissioner, Garhwal
Mandal whereby he upheld the order passed by the Addl.
Collector, Haridwar.
4. In assailing the findings, the learned counsel for the
petitioners submits that since the land was allotted to the
petitioners on the basis of the policies initiated by the
Uttar Pradesh Government to encourage family planning,
a permanent patta has been issued in their favour.
However, he stated that the petitioners' claim that the
Government of Uttar Pradesh issued Government
Order/general circular on such issue, such circular or
general order are not available anywhere. In the absence
of such specific order or circulars, the Court cannot
presume that the State Government had taken a stand to
grant leases perpetually in favour of the persons who
undergo the family planning operation. On the contrary,
the arguments advanced by the learned counsel for the
opposite party that the grant is only for a limited period to
landless persons who may might have undergone family
planning operation is to promote self dependence by
landless persons and on completion of five years the grant
should go back to the Land Management Committee for
re-allotment order to other needy and eligible persons.
5. In that view of the matter, the concurrent findings
recorded by the learned Authorities having original as well
as revisional jurisdiction do not suffers from material
irregularities and do not requires interference in exercising
the jurisdiction to issue a writ of certiorari under Article
226 of the Constitution or jurisdiction of general
superintendence under Article 227 of the Constitution.
6. Hence, the writ application is devoid of merit, is
dismissed.
7. There shall be no order as to costs.
8. Urgent certified copy of this order be provided as per
rules.
(S.K. Mishra)
Judge
PV
