WPMS/158/2022
2022 Latest Caselaw 259 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
       ON THE 16TH DAY OF FEBRUARY, 2022
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       WRIT PETITION (M/S) No. 158 of 2022

 BETWEEN:

 Ajay Sagar.                                            ....Petitioner
       (By Mr. Harendra Belwal, Advocate)

 AND:
 State of Uttarakhand & others.                    ...Respondents
       (By Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand)


                           JUDGMENT

Heard learned counsel for the parties through video conferencing.

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

"i) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to allot the agricultural land to the petitioner under Section 195, 197 and 198 of "The U.P. Zamindari Abolition and Land Reforms Act, 1950" (hereinafter referred as The Act of 1950) within the territory of District Udham Singh Nagar.

ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider and decide the application dated 26.11.2021 (Annexure No. 2 to this writ petition), moved by the petitioner in the light of Judgment and Order dated 22.07.2021 in WPMS No. 1380 of 2021 (Annexure No. 5 to this writ petition)."

3. In sum and substance, petitioner wants that a piece of public land be leased out to him for agricultural purposes, however, learned counsel for the

petitioner could not substantiate that petitioner has such right of getting piece of land on lease under some legislation or executive policy.

4. Learned counsel for the petitioner then submits that in Writ Petition (M/S) No. 1380 of 2021, this Court had permitted another person, who had filed that writ petition, to make representation to the Sub Divisional Magistrate and he submits that the present petitioner may also be permitted to make similar representation to the concerned Sub Divisional Magistrate.

5. Having regard to the facts of the case, the writ petition is disposed of with liberty to petitioner to make representation to concerned Sub Divisional Magistrate. This Court hopes and expects that the concerned Sub Divisional Magistrate will take decision thereupon, one way or the other, within nine months from the date of receipt of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin