WPMS/2801/2023
2023 Latest Caselaw 3201 UK

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                                  WPMS No. 2801 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Sandeep Kothari, Advocate, for the petitioner.

Mr. Yogesh Chandra Tiwari, Standing Counsel, for the State of Uttarakhand.

Mr. Deepak Bhatt, Advocate, for private respondents.

The petitioner in the present Writ Petition has put a challenge to the judgment dated 1st April, 2023, as it was rendered in Revision No. 6 of 2021- 22, Bipin Kumar and others Vs. Bhupendra Singh and others, being the proceedings drawn under Section 219 of the Land Revenue Act. Apart from the fact, that the proceeding under the Land Revenue Act, which germinates from the application preferred under Section 41 of the Act are summary in nature, and any adjudication made thereof, would be subject to Section 40-A of the Land Revenue Act.

Hence, at present, no prejudice as such is caused to the petitioner against the impugned judgment dated 1st April, 2023, for the reasons being, that the petitioner is shielded twice, (i) by virtue of the provisions contained under Section 40- A, and (ii) if he accepts the order of remand, he will have all his defence open to be argued before the Court of Assistant Collector, when the principal proceedings under Section 41 revives back.

Owing to the aforesaid two backdrops, that it is a summary proceeding, and that since the proceedings are covered by Section 40-A of the Land Revenue Act, the Writ Petition stand dismissed, with only accommodation given to the petitioner, that if the proceedings before the Assistant Collector revives back in pursuance to the Revisional Court's order dated 1st April, 2023, it would be expected by the Court of Assistant Collector, who would ensure to decide the same within a period of six months from the date of production of certified copy of this order.

(Sharad Kumar Sharma, J.) Dated 18.10.2023 Shiv