WPMS/1865/2017
2025 Latest Caselaw 996 UK

Uttarakhand High Court

WPMS/1865/2017 on 18 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                 2025:UHC:6292
              Office Notes,
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SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
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                               WPMS/1865/2017
                               Hon'ble Manoj Kumar Tiwari, J
                               1.   Mr. M.S. Tyagi, learned Senior
                               Counsel assisted by Mr. Sunil Chandra,
                               learned counsel for the petitioner.

                               2.  Mr. S.K. Nainwal, learned Standing
                               Counsel for the State of Uttarakhand.

                               3.  Mr. Ajay Veer Pundir,             learned
                               counsel for respondent no. 3.

4. Petitioner has challenged the order dated 25.11.2016 passed by Settlement Officer Consolidation, Haridwar in Appeal No. 647. By the said order, application filed by respondent no. 3 (Karm Singh) for recall of order dated 19.08.2009, was allowed and the appeal was restored to its original number, fixing 30.11.2016 for hearing the appeal on merits. Petitioner has also challenged the judgment dated 29.06.2017 passed by Deputy Director of Consolidation, whereby revision filed by petitioner was dismissed.

5. It is contended by learned counsel for the petitioner that respondent no. 3 has no locus standi in the matter, as the issue, which was decided vide order dated 19.08.2009, was regarding reservation of land for public purpose. He submits that the application for recall of order dated 19.08.2009 was filed in the year 2015, however, sufficient cause was not shown for delay of about six years and without considering the delay condonation application, the recall application was allowed. He submits that 2025:UHC:6292

Revisional Court i.e. Deputy Director of Consolidation completely overlooked these issues, therefore, both the orders passed by Settlement Officer Consolidation and Deputy Director of Consolidation are liable to be set aside.

6. Per contra, Mr. Ajay Veer Pundir, learned counsel appearing for respondent no. 3 submits that since there is a public temple standing over the land, which was reserved in favour of public vide order dated 31.08.1992 and by the subsequent order dated 19.08.2009, that reservation order was cancelled, therefore, as a concerned resident of the Village, respondent no. 3 has locus standi to move that application. He further submits that the delay, caused in moving recall application, was sufficiently explained and the delay condonation application was supported by an affidavit, therefore, he submits that the order impugned in this petition, passed by Settlement Officer Consolidation, is just and proper.

7. I have gone through the impugned order dated 25.11.2016. In the said order, learned Settlement Officer Consolidation has not condoned the delay in filing recall application, even though delay condonation application was filed. Thus, without considering the delay condonation application, the said order appears to have been passed. On this short point alone, the impugned order dated 25.11.2016 is liable to be set aside and is hereby set aside. For the same reason, the judgment rendered by Revisional Court is also set aside. The matter is remitted back to Settlement Officer Consolidation to consider recall application, only after considering the 2025:UHC:6292

delay condonation application.

8. This Court hopes and expects that the application filed by petitioner shall be considered and disposed of within six months from the date of production of certified copy of this order. For a period of six months status quo qua temple shall be maintained.

(Manoj Kumar Tiwari, J) 18.07.2025 Aswal NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512e

ASWAL a30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58 A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.18 04:56:01 -07'00'