Uttarakhand High Court
Roshni Devi vs State Of Uttarakhand & Others on 7 November, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:8137
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No.3011 of 2024
Roshni Devi --Petitioner
Versus
State of Uttarakhand & others --Respondents
With
Writ Petition (M/S) No.3012 of 2024
Ramesh Chand --Petitioner
Versus
State of Uttarakhand & others --Respondents
With
Writ Petition (M/S) No.3020 of 2024
Raj Kumar & others --Petitioners
Versus
State of Uttarakhand & others --Respondents
With
Writ Petition (M/S) No.3023 of 2024
Rasid --Petitioner
Versus
State of Uttarakhand & others --Respondents
Presence:-
Mr. Sachin Kumar Sharma, learned counsel for the
petitioners.
Mr. M.S. Bisht, learned Brief Holder for the
State/respondent nos.1 to 3.
Hon'ble Pankaj Purohit, J.
1. Since similar set of facts and law is involved in the
present writ petitions, therefore, all these writ petitions
are being decided by this common judgment. For the
purpose of convenience, the facts of WPMS No.3011 of
2024 alone are being considered.
2024:UHC:8137
2. By means of this writ petition the petitioner has
sought the following reliefs:-
"I. Issue a writ, order or direction in the nature of
certiorari quashing the impugned notice dated
16.10.2024 issued by respondent no.3 (contained
as Annexure No.1 to this writ petition.
II. Issue a writ, order or direction in the nature of
mandamus, commanding and directing the
respondents to the effect that they shall not
demolish the house of the petitioner situated in
Khasra No.199 M, measuring 0.200 hectare,
situated at Village Khajoori, Tehsil Bhagwanpur,
District Haridwar."
3. Petitioner has challenged the notice dated
16.10.2024 issued by respondent no.3-Tehsildar
Bhagwanpur, District Haridwar (annexure no.1), whereby
the petitioners were asked to remove their unauthorized
occupation from the Khasra No.199 of Village Khajoori
admeasuring 216 sq. meter over which an unauthorized
residence has been constructed.
4. It is contended by learned counsel for the petitioner
that the petitioner has constructed his house over the
said land in the year 1992 and the impugned notice has
been issued by the respondent only after 32 years and
therefore the notice is bad and petitioner cannot be asked
to remove her occupation from the said piece of land.
5. Learned State counsel raised a preliminary
objection and submitted that against the notice issued by
respondent no.3-Tehsildar, the petitioner has got a
remedy to file a revision under Section 122-B (4A) of the
U.P.Z.A & L.R. Act before the Collector of the District
concerned and therefore the writ petition is not
maintainable at this stage.
2024:UHC:8137
6. From the perusal of the record it transpires that the
petitioners have been proceeded with by the Assistant
Collector First Class in accordance with the provisions of
Section 122-B.(2) of The Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950 (hereinafter
referred to as the U.P.Z.A. & L.R. Act) and they have been
evicted from the land. The order of the Assistant Collector
can be challenged, rightly said by the learned State
Counsel, by filing a revision against that order under
Section 122-B.(4-A) of the U.P.Z.A. & L.R. Act. But from
the perusal of the aforesaid Sub Section (4-A) of the
U.P.Z.A. & L.R. Act, it is reflected that the revision can be
filed within thirty days from the date of order but in the
case of the petitioner(s) the order was passed in the year
2013-14, therefore, the petitioners cannot be relegated to
file a revision, which is beyond time but from the perusal
of Sub Section (4-D) of Section 122-B. of the U.P.Z.A. &
L.R. Act, it is clear that the person aggrieved by the order
of Assistant Collector First Class in respect of any
property may file a suit under Section (4-D) of the
U.P.Z.A. & L.R. Act in the court of competent jurisdiction
to establish his right as claimed by him in such property.
7. Accordingly, all the writ petitions are disposed of
finally with the observation that petitioners may file a
suit as per Section 122-B. (4-D) of the U.P.Z.A. & L.R. Act
before the court of competent jurisdiction for establishing
their right over the property in question, which they
claim to have in possession for the last so many years.
(Pankaj Purohit, J.)
07.11.2024
Arti
ARTI SINGH Digitally signed by ARTI SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH
Date: 2024.11.11 14:30:39 +05'30'
