WPMS/2166/2022
2022 Latest Caselaw 2935 UK

                Office Notes,
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                                  WPMS No. 2166 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.

Mr. Ashish Joshi, Advocate for respondent no. 3.

Heard learned counsel for the parties.

Petitioner moved an application for mutation of his name. His application was closed by the Additional Collector, Dehradun vide order dated 11.07.2022 on the ground that, in view of judgment dated 08.04.2022 rendered by Coordinate Bench of this Court in WPMS No. 709 of 2022, mutation proceedings under Section 34 of Land Revenue Act cannot proceed in respect of the area land comprised in municipal area.

In this writ petition, petitioner has challenged the said order, whereby mutation proceedings were closed. On 08.09.2022, learned Standing Counsel was asked to get instructions in the matter. Today, learned Standing Counsel has produced a copy of the Amendment Ordinance, whereby Land Revenue Act, 1901 has been amended. By the said amendment, an explanation has been inserted in Section 1 and new Section numbered as 233-A has been added after Section 233, which are reproduced below:

"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)."

"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."

In view of the amendment made in the Land Revenue Act, which has been given retrospective effect, the writ petition is disposed of with liberty to petitioner to move appropriate application before the Additional Collector, seeking recall of the order dated 11.07.2022. If such application is moved within two weeks from today, disposal thereof shall be done within four weeks' from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) 13.09.2022 Arpan