Uttarakhand High Court
WPMS/2158/2022 on 13 September, 2022
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
WPMS No. 2158 of 2022
with
WPMS No. 2164 of 2022
Hon'ble Manoj Kumar Tiwari, J.
Mr. Piyush Garg, Advocate for the
petitioner.
Mr. Yogesh Chandra Tiwari and Mr.
R.C. Arya, Standing Counsel for the
State of Uttarakhand/respondent nos. 1
& 2.
Heard learned counsel for the
parties.
Since common questions of law and
facts are involved in these writ petitions,
therefore they were heard together and
are being decided by a common
judgment. However for the sake of
brevity, facts of Writ Petition (M/S)
No.2158 of 2022 are being considered
and discussed.
Private respondents applied for
mutation of their names in the revenue
records. Their joint application was
allowed by Tehsildar on 30.08.1998.
Petitioners challenged the order passed
by Tehsildar by filing Appeal, which was
admitted on 05.04.1996. The order of
admission of Appeal was challenged by
private respondents by filing Revision
Petitions, which were numbered as
89/2005-06 and 90/2005-06. Both
these Revisions are pending before the
Board of Revenue. Learned Board of
Revenue vide order dated 25.08.2021
kept the proceedings of these Revisions
in abeyance, in view of order dated
16.12.2020 passed by Co-ordinate Bench
of this Court in WPMS No. 2414 of 2020.
By means of this writ petition,
petitioners have sought the following
relief:
"(a) to issue a writ, order or direction in
the nature of mandamus commanding the
learned Board of Revenue, Dehradun to decide
the pending revision No. 89 of 2005-06, Veer
Krishan Sharma Vs. Abhishek Sharma and
others expeditiously, irrespective of the fact
that the land in question presently falls within
the territorial limits of Nagar Nigam,
Dehradun."
On 08.09.2022, learned Standing
Counsel was granted time to get
instructions in the matter. Today,
learned Standing Counsel has produced
copy of the Amendment Ordinance,
whereby Land Revenue Act, 1901 was
amended, which is taken on record.
Learned Standing Counsel has drawn
attention of this Court to explanation
inserted in Section 1 of Land Revenue
Act, after second proviso, 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)."
Learned Standing Counsel has also
drawn attention of this Court to a new
Section numbered as 233-A, which has
been added after Section 233 in the
principal Act, which reads as under:
"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."
Thus, learned Standing Counsel
submits that the Ordinance has clarified
that provisions of Land Revenue Act,
1901 would continue to apply even in
respect of land which is situate within
municipal corporation and other urban
local bodies established under U.P.
Municipalities Act, 1916.
In view of the said submission
made by learned Standing Counsel and
also in view of the Ordinance, whereby
Land Revenue Act is amended, the writ
petitions are disposed of with a request
to Board of Revenue to proceed with the
Revisions filed by private respondents
and decide the same as early as
possible, preferably within a period of
nine months' from the date of production
of certified copy of this order.
(Manoj Kumar Tiwari, J.)
13.09.2022
Arpan
