Uttarakhand High Court
WPMS/62/2022 on 11 January, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 11TH DAY OF JANUARY, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 62 of 2022
BETWEEN:
Sheela Devi @ Sheela Bahuguna .....Petitioner
(By Mr. Mehboob Rahi, Advocate)
AND:
State of Uttarakhand & others. ....Respondents
(By Mr. T.S. Phartiyal, Addl. C.S.C. for the State of
Uttarakhand/respondents)
JUDGMENT
Heard learned counsel for the parties through
video conferencing.
2. According to the petitioner, she purchased a
plot of land in Village Majrigrant, Tehsil Doiwala, District
Dehradun, by a sale deed executed in the year 2013,
which was registered in the year 2015.
3. According to petitioner, Prantiya Rakshak Dal
was proposing to construct a mini stadium adjacent to
the land, which was purchased by petitioner and since
there was a boundary dispute between petitioner and
Prantiya Rakshak Dal, therefore, petitioner moved an
application under Section 41 of Land Revenue Act.
4. It is not in dispute that subsequent to filing
of the demarcation application, the boundary of the land
purchased by petitioner was corrected through a
correction deed, whereby the sale deed executed in
favour of the petitioner was corrected, on 10.12.2021.
5. By means of this writ petition, petitioner has
sought the following reliefs.
"I. To issue a writ order or direction in the nature of
mandamus directing and commanding the
respondents to got conduct the fair inquiry and
demarcation of petitioner's land of Khasra No. 4188
ra min and land of mini sports stadium of khasra no.
4189 kha min situated at Mauja Majrigrant Pargana
Pachwadoon, Tehsil Doiwala, District Dehradun, it is
also prayed that if possible, the inspection and
demarcation of the land in question be conducted
under the supervision of the authority/panel/court
commissioner as may be prescribed by this Hon'ble
Court.
II. To issue a writ order or direction in the nature of
Mandamus restraining the respondents from
continuing with the construction work of Mini Sports
Stadium till the demarcation of petitioner's land of
Khasra No. 4188 ra min and land of mini sports
stadium of khasra no. 4189 kha min situated at
Mauja Majrigrant Pargana Pachwadoon Tehsil
Doiwala District Dehradun and till the finalization of
demarcation proceedings status quo be directed to
be maintained.
6. Mr. T.S. Phartiyal, Addl. C.S.C. for the State
however points out that there is ambiguity regarding
boundary of the land purchased by petitioner and further
there is no clarity regarding plot numbers. He further
submits that petitioner wants possession of land, by
moving an application under Section 41 of the Act, for
demarcation. This, according to him, is not permissible,
as possession cannot be claimed in summary
proceedings under Section 41 of Land Revenue Act
7. This Court finds substance in the contention
raised on behalf of respondents. If petitioner has a
dispute regarding title and possession, then such dispute
can only be resolved by a Competent Civil or Revenue
Court, as the case may be. The public law remedy under
Article 226 of the Constitution cannot be invoked for
adjudication of property dispute.
8. Accordingly, the writ petition fails and is
dismissed. No order as to costs.
(MANOJ KUMAR TIWARI, J.)
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