Uttarakhand High Court
Through: Shri Siddharath Singh vs District Magistrate on 5 January, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition No. 3320 (MS) of 2022
Deepa Darmwal
and others. ................Petitioners.
Through: Shri Siddharath Singh,
learned counsel for the petitioners.
-Versus-
District Magistrate
and another. .........Respondents.
Through: Shri Suyash Pant, learned Standing
Counsel for State.
Shri Rajeev Singh Bisht, learned counsel for
the respondent no. 2.
With
Writ Petition No. 3369 (MS) of 2022
Kulsoom Jahan
and another. ................Petitioners.
Through: Shri T.A. Khan, learned Sr. Advocate
assisted by Ms. Sadaf, learned counsel for the
petitioners.
-Versus-
State of Uttarakhand
and others. .........Respondents.
Through: Shri Suyash Pant, learned Standing
Counsel for State.
With
Writ Petition No. 3426 (MS) of 2022
Idrish Ahmad. ................Petitioner.
Through: Shri T.A. Khan, learned Sr. Advocate
assisted by Ms. Sadaf, learned counsel for the
petitioner.
-Versus-
State of Uttarakhand
2
and others. .........Respondents.
Through: Shri Suyash Pant, learned Standing
Counsel for State.
Date of Hearing and Judgment : 05.01.2023
Shri Sanjaya Kumar Mishra, J.
1. By filing these bunch of writ petitions, the petitioners have
prayed for issuance of writs of Certiorari quashing the order
dated 13.12.2022 passed by District Magistrate Nainital whereby
regularization order of the land in favour of one late Shri Balwant
Singh on 18.02.2016 was cancelled. Such an order was passed on
the complaint of respondent no. 2 - Ravi Shankar Joshi, who is
now represented by Shri Rajeev Singh Bisht, learned Counsel, but
he has yet not filed his Vakalatnama. In any case, we have given
him opportunity of hearing.
2. The facts of the case are as follows:
On 12.02.2011, a land measuring 6.214 hectare
situated village DevlaTallaPajaya, Tehsil Haldwani, District
Nainital was leased out in favour of said late Shri Balwant
Singh under the Government Grants Act by the State of
Uttar Pradesh. Late Shri Balwant Singh applied for
regularization of land bearing Khasra No. 178 measuring
3.107 hectare. He was granted Bhumidhari rights over the
said land vide order dated 18.02.2016, which was
incorporated in Khatauni pertaining to 1420-1425 Fasli year.
On 10.03.2016, late Shri Balwant Singh having
transferable rights had executed a registered gift deed in
favour of Shri Ravikant Fulara.
On 09.05.2016, Shri Ravikant Fulara executed sale
deeds in favour of petitioner no. 1, 3 and 4.
On 06.10.2021, Ravikant Fulara executed a sale deed
in favour of petitioner no. 2. Sale deeds were executed by
the said Ravikant Fulara in favour of the petitioners of the
two connected cases.
Respondent no. 2 filed a complaint before Chief
Secretary, State of Uttarakhand; Secretary (Revenue), State
of Uttarakhand; District Magistrate, Nainital; and Income
Tax Commissioner, challenging the regularization order of
land of Khata No. 40, Khasra No. 178 measuring 3.107
hectare. The District Magistrate, Nainital constituted a
Committee consisting of Additional Collector
(Administration); SDM, Haldwani; and Chief Development
Officer, Haldwani, which conducted an inquiry and
submitted its report dated 12.12.2022 to District Magistrate,
Nainital. On the basis of said inquiry report, impugned
order cancelling the earlier order of regularization was
passed by the District Magistrate, Nainital.
3. At this stage, it is admitted by Shri Suyash Pant, learned
counsel for the State and by Shri Rajeev Singh Bisht, learned
counsel that neither at the time of inquiry nor during the inquiry
nor while passing the impugned order, petitioners were heard.
Neither subsequent title holder Shri Ravikant Fulara nor
petitioners nor other purchasers of the land, in question, nor legal
heirs of the deceased Balwant Singh were made party to the
proceedings or put to notice. If at all, the order passed by the
authorities dated 18.02.2016 is without jurisdiction or illegal and
requires cancellation, then petitioners and others are proper and
necessary parties to be heard.
4. In that view of the matter, this Court is of the firm opinion
that the order dated 13.12.2022 passed by the District Magistrate,
Nainital is hit by non compliance of principles of natural justice,
and therefore, is hereby quashed by issuing a writ of Certiorari.
The matter is remanded back to the District Magistrate, Nainital
for reconsideration. Petitioners are at liberty to approach the
District Magistrate, Nainital and file their objections along with
the relevant documents within 21 days. It is further directed that
if at all, District Magistrate, Nainital considers to cancel the order
of dated 18.02.2016 on the basis of report dated 12.12.2022, then
all the concerned shall be given reasonable opportunity of
hearing and production of documents, and then, he shall dispose
of the matter by reasoned and speaking order.
5. With the aforesaid observations, all the writ petitions stand
disposed of. Let a copy of this order be placed in all the connected
writ petitions.
(Sanjaya Kumar Mishra, J.)
(Grant urgent certified copy of this judgment, as per Rules)
SKS
