Sunil Kumar Vyas vs State Of Uttarakhand And Others
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Uttarakhand High Court

Sunil Kumar Vyas vs State Of Uttarakhand And Others on 4 September, 2024

                                                            2024:UHC:6359-DB



      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
            HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                              AND
              HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                       04TH SEPTEMBER, 2024
              SPECIAL APPEAL No. 286 OF 2024

Sunil Kumar Vyas.
                                                                 ...Appellant
                                     Versus

State of Uttarakhand and others.
                                                            ...Respondents
Counsel for the appellant.           :   Mr. Ramji Srivastava and Mr. Nishant
                                         Krishna Adhikari, learned counsel.

Counsel for the respondents.         :   Mr. Amarendra Pratap Singh, learned
                                         Additional Advocate General for the
                                         State of Uttarakhand.

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

The appellant has come up in appeal against

the judgment of the learned Single Judge dated

31.07.2024 passed in Writ Petition (M/S) No. 2025/2024,

whereby his Writ Petition, challenging the allotment of

land to 19 persons for residential purposes by the District

Magistrate, has been dismissed.

2. In paragraph no. 8 of the impugned judgment,

the learned Single Judge has observed that, as per the

policy formulated by the State Government, the District

Magistrate can exercise power in case the concerned

Gram Panchayat does not give consent for allotment of

land. In this backdrop, the learned Single Judge has held

2024:UHC:6359-DB

that the District Magistrate was well within her right to

invoke that power, and pass the allotment order.

3. It has further been observed in the impugned

judgment that the appellant-writ petitioner had filed the

Writ Petition in his personal capacity, and he has not filed

it on behalf of the Land Management Committee.

4. The judgment of the learned Single Judge has

been passed on the basis of the policy formulated by the

State Government. No case is made out to interfere with

the judgment passed by the learned Single Judge.

5. There is no merit in the present Special Appeal,

and the same is hereby dismissed.

6. Pending application(s), if any, also stand

disposed of accordingly.

______________ RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt: 04th September, 2024 Rahul

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT

2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c8487419 83ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1 AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2024.09.04 14:48:52 +05'30'