[Cites 6, Cited by 0]
Uttarakhand High Court
WPMS/3374/2025 on 16 December, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:11250
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPMS No. 3367 of 2025
With
WPMS No. 3368 of 2025
WPMS No. 3369 of 2025
WPMS No. 3370 of 2025
WPMS No. 3371 of 2025
WPMS No. 3372 of 2025
WPMS No. 3373 of 2025
WPMS No. 3374 of 2025
WPMS No. 3375 of 2025
WPMS No. 3376 of 2025
WPMS No. 3377 of 2025
WPMS No. 3378 of 2025
WPMS No. 3379 of 2025
WPMS No. 3385 of 2025
WPMS No. 3386 of 2025
WPMS No. 3387 of 2025
WPMS No. 3391 of 2025
WPMS No. 3392 of 2025
Hon'ble Manoj Kumar Tiwari, J
1.
Mr. Atul Kumar Bansal, learned
counsel for the petitioners.
2. Mr. Ganesh Kandpal, learned Deputy
Advocate General for the State of
Uttarakhand.
3. Since common questions of fact and
law are involved in these petitions,
therefore, these petitions are clubbed
together and decided by this common
judgment. However, for the sake of
brevity and convenience, facts of WPMS
No. 3367 of 2025 alone are being
considered and discussed.
4. According to petitioner, he is a
landless person, who was allotted a piece
of agricultural land declared surplus in
proceedings under U.P. Imposition of
Ceiling on Land Holdings Act, 1960, vide
order dated 13.01.2006. Grievance
raised by petitioner is that his name is
not being recorded in Category 1 kha i.e.
2025:UHC:11250
Bhumidhar with non-transferable right.
5. Learned counsel for the petitioner
relies upon Section 131(d) of
Uttarakhand Zamidari Abolition and Land
Reforms Act, 1950 in support of his
contention that every person, with whom
surplus land is settled, is entitled to be
recorded as Bhumidhar with non-
transferable right. Section 131(d) of the
aforesaid Statute is quoted below:-
"131. Bhumidhar with non-
transferable rights.-
(d) with effect from July 1, 1981 every person with
whom surplus land is or has been settled under
26A or sub-section (3) of Section 27 of the U.P.
Imposition of Ceiling on Land Holdings Act,
1960."
6. Learned State Counsel, however,
refers to Annexure no. 4 to the writ
petition, where allotment order, issued in
favour of petitioner, is enclosed. In the
said document, reference is made to
Section 25 of U.P. Imposition of Ceiling
on Land Holdings Act, 1960 for making
allotment.
7. Learned State Counsel submits that
power under Section 25 of the U.P.
Imposition of Ceiling on Land Holdings
Act, 1960 is available to State
Government for using the surplus land
for any purpose for which such land
could have been acquired and State can
invoke this power to retain the land for
public purpose/construction of building
etc. He further submits that surplus land
can be settled in favour of weaker
sections of society only under Section
27(3) of the Act. Sections 25 and 27(3)
of the Act are reproduced below for
ready reference:-
"25. Use of surplus land for other public
2025:UHC:11250
purposes. - The State Government may,
instead of settling any surplus land in
accordance with the provisions of this Act,
use or permit the use either temporarily or
permanently of the whole or any portion of
such land for any purpose for which such
land could have been acquired under the
Land Acquisition Act, 1894.
27(3) (3) Any remaining surplus land shall
be settled by the any Collector in accordance
with the order of preference, and subject to
the limits, specified respectively in 3 sub-
sections (1) and (3) of Section 198 of the
Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950."
8. Learned State Counsel submits that
since a wrong provision was invoked
while issuing allotment order in favour of
petitioner, due to that reason difficulty is
being faced by Revenue Authorities in
making entry of name of petitioner in the
Revenue records. Learned State Counsel
further submits that as per provisions
contained in Land Record Manual, the
land declared as surplus under Ceiling
Act, is to be recorded as 4(ka) in
Revenue Record and if such land is
allotted to some person, then name of
such person is entered as 4(ka)(ka) in
the Revenue Record. He further submits
that if petitioners make representation(s)
to the Competent Authority for correcting
the provision, which was invoked for
allotting land in favour of petitioner, then
the Competent Authority shall examine
the issue and pass necessary order, as
per law, as early as possible.
9. The writ petitions are, accordingly,
disposed of with liberty to petitioners to
make separate application(s) to District
Magistrate, Udham Singh Nagar, for
correcting of the provision invoked for
allotting land to them. If such
2025:UHC:11250
representation(s) is made within two
weeks from today, District Magistrate
shall examine the matter and pass
appropriate order, within eight weeks
thereafter. Stake holders, if any, shall
also be heard while taking any decision
in the matter.
(Manoj Kumar Tiwari, J)
16.12.2025
Aswal
NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
SINGH
2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f
9802a3a08b08d1369512ea30f3, postalCode=263001,
st=UTTARAKHAND,
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F
5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI
ASWAL
RAJ SINGH ASWAL
Date: 2025.12.17 03:05:30 -08'00'
