WPMS/2078/2022
2022 Latest Caselaw 3441 UK

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                                  WPMS No. 2078 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Bhupesh Kandpal, Advocate for the petitioner.

Mr. Yogesh C. Tewari, Standing Counsel for the State of Uttarakhand.

Heard learned counsel for the parties.

Petitioner applied for mutation of a land purchased by him within limits of Nagar Nigam, Dehradun. Thereafter, he moved an application under Section 34 of Land Revenue Act for mutation of his name in the revenue records. The proceedings of the mutation case were dropped in view of final order passed by Coordinate Bench of this Court in WPMS No. 709 of 2022, wherein it was held that mutation in respect of land situate within municipal limits cannot be entertained under Section 34 of Land Revenue Act.

Learned Standing Counsel has produced in Court an Ordinance notified on 31.08.2022, whereby an explanation was added in Section 1 of U.P. Land Revenue Act, 1901, which reads as under:

"Explanation: for the purpose of this section "whole of Uttarakhand" also includes all the larger urban areas, declared as such under section 3 of the Uttar Pradesh Municipal Corporation Act, 1959 (as applicable in the State of Uttarakhand) and all transitional area, smaller urban area, declared as such under section 3 of the Uttar Pradesh Municipalities Act, 1916 (as applicable in the State of Uttarakhand)"

Section 3 & 4 of the Ordinance notified on 31.08.2022 are also reproduced below for ready reference:

"3. In principal Act after section 233 the following new section shall be inserted as follows, namely:-

"Overriding effect 233A. Notwithstanding anything inconsistent there with contained in any other Act or judgment/decree/order or directions of any court, the provisions of this Act, shall be valid and effective."

4. The amendments made in the principal Act by section 2 shall be deemed to have been made with effect from the date of commencement of the principal Act and accordingly any action or thing taken or done or purporting to have been taken or done under the principal Act on or after the said date and before the commencement of this Ordinance, shall, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, be deemed to be, and to have always been, for all purposes, as validly and effectively taken or done as if the said amendments had been in force at all material times."

In view of the said development, learned Standing Counsel submits that now there is no legal impediment in continuing with the proceedings for mutation of petitioner's land under Land Revenue Act.

In such view of the matter, the writ petition is allowed and the impugned order dated 12.07.2022 is set aside. The mutation case filed by the petitioner shall stand restored to the file of Additional Collector (F & R), Dehradun, who shall proceed with case no. 24/2021-2022, in accordance with law.

(Manoj Kumar Tiwari, J.) 21.10.2022 Arpan