SPA/40/2023
2023 Latest Caselaw 605 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     SPECIAL APPEAL NO. 40 OF 2023
                              13TH MARCH, 2023
BETWEEN:
Anand Kumar & another                                             .....Appellants.
And

State of Uttarakhand & others                                     ....Respondents.

Counsel for the Appellants : Mr. T.P.S. Takuli, learned counsel.

Counsel for the State : Mr. K.N. Joshi, learned Deputy Advocate General.

Counsel for the Respondent No.4 : Mr. Vipul Sharma, learned counsel.

The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)

Issue notice. Learned counsels appear and accept

notice on behalf of the respondents.

2. The present special appeal is directed against the

order dated 15.02.2023, passed by the learned Single Judge

in Writ Petition (M/S) No.351 of 2023. The learned Single

Judge, while issuing the notice in the writ petition, and calling

for reply/counter-affidavit/ rejoinder-affidavit, and adjourning

the matter to 27.04.2023, in the interregnum, has directed

that the petitioners shall be entitled to harvest the standing

crop, if any on the land in question "in this season only".

3. The appellants, who are the petitioners, are

aggrieved by the limited protection granted by the learned

Single Judge while passing the order dated 15.02.2023.

4. In the writ petition, the appellants-writ petitioners

have assailed the order dated 06.07.2016, issued by

respondent no.1- Secretary, Revenue, Government of

Uttarakhand, in relation to taking over of possession of

excess land claimed by the appellants-writ petitioners, as

belonging to them.

5. We have heard learned counsels.

6. The submission of Mr. Takuli, learned counsel for

the appellants, is that the appellants' application for

restoration of the proceedings under Section 201 of the U.P.

Land Revenue Act, 1901 read with Section 41 of the U.P.

Consolidation of Holdings Act, 1962 is pending consideration

before the learned Consolidation Officer, Kichha, Udham

Singh Naga. The appellant has also filed an application under

Section 5 of the Limitation Act,.

7. In our view, the concerns of the appellants would

stand redressed, if the application for restoration, along with

the application seeking condonation of delay in moving the

restoration application, is directed to be decided by the

concerned Consolidation Officer within the time bound

manner.

8. We, accordingly, dispose of this appeal with a

direction to the concerned Consolidation Officer to decide the

said applications within the next three months. Neither party

shall seek, nor be granted any undue adjournments.

9. In case the application for condonation of delay and

the application seeking restoration are allowed, it shall be

open to the appellants-writ petitioners to seek further orders

from the Consolidation Officer.

10. We, however, make it clear that we have not

examined the merits of the appellants' case in relation to the

application under Section 5 of the Limitation Act, as well as

the application for restoration moved before the Consolidation

Officer, and the said applications should be decided on their

own merits, without being in any way influenced by whatever

we have observed hereinabove.

11. The appeal stands disposed of in the aforesaid

terms.

12. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 13th March, 2023 NISHANT