WPMS/1595/2023
2023 Latest Caselaw 1620 UK

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                                  WPMS No. 1595 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. J.C. Belwal, Advocate, on behalf of Mr. Farzana Khan, Advocate, for the petitioner.

Mr. Yogesh Chandra Tiwari, Standing Counsel, with Mr. Hargovind Pant, Brief Holder, for the State of Uttarakhand.

The petitioner has preferred this Writ Petition for the following reliefs :-

"A. issue appropriate writ, order or direction in the nature of certiorari quashing the entry of Varg 12 (kha) made in the Revenue Record of the land in question which falls within the Village Haldwani Khas indicating that the land belongs to Municipal Board and it is in the possession of Police and Public Works Department and to restore the earlier entry of Varg 1 (ka).

B. issue appropriate writ, order or direction in the nature of mandamus, directing the Respondent Authorities to not to take any precipitative action against the petitioner and not to treat the land in question as a Nazul Land.

C. issue any other order, writ or direction which this Hon'ble Court may deem fit and proper."

Particularly, the nature of relief modulated by the petitioner, is in the light of the judgment rendered by this Court while sitting in Division Bench in Writ Petition (PIL) No. 30 of 2022, which is now sub judiced before the Hon'ble Apex Court, and there operates an interim order granted by Apex Court. This Court is of the considered view, that for any alteration to be made in the revenue records, the petitioner is not remediless under law. He ought to avail an appropriate remedy available to him in accordance with the revenue law. He ought not to have preferred this Writ Petition, for seeking a direction of quashing the entry, and that too, in exercise of jurisdiction under Article 227 of the Constitution of India, which may not be a scope of this Court to venture into for issuing a direction to alter the revenue entry, and that too which entails within itself an appreciation of evidence, and adherence of prescribed procedure.

Hence, this Writ Petition is dismissed with the liberty left open for the petitioner to resort to an appropriate remedy available to him in accordance with the law for the purposes of putting a challenge to the revenue entry of Varg-12 (kha), as it has been sought to be put challenge in the present Writ Petition, praying for to restore the same to be in Shreni-1 (ka).

Since the relief is not tenable, the Writ Petition is misconceived and the same is dismissed with the aforesaid liberty.

(Sharad Kumar Sharma, J.) Dated 12.06.2023 Shiv