Uttarakhand High Court
Shri Leeladhar vs State Of Uttarakhand on 23 June, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:5298
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (M/S) No. 1786 of 2025
Shri Leeladhar ...Petitioner
Versus
State of Uttarakhand ...Respondent
Advocates : Mr. Deepak Bhatt, Advocate for the petitioner
Mr. K.N. Joshi, Deputy Advocate General for the State.
Reserved on :20.06.2025
Delivered on :23.06.2025
Hon'ble Manoj Kumar Tiwari, J.
1. This writ petition is filed under Article 227 of
Constitution of India. Petitioner has challenged orders
dated 07.12.2020 and 08.07.2021, passed by
Collector/District Udham Singh Nagar in Case No.
51/03 of 2019-20. He has also challenged judgment
dated 30.05.2024, rendered by Additional
Commissioner, Kumaon Division in Revision No.
159/2020-21, 11/2022-23.
2. In the year 2000, petitioner was allotted 0.835
hectares land situate in village Kusmoth, Tehsil
Sitarganj, District Udham Singh Nagar under
Government Grants Act for agricultural purposes. One
of the condition mentioned in the allotment order was
that the land is non transferrable and petitioner cannot
part with possession of the land in favour of any other
person.
3. Subsequently, it was found that petitioner had
parted with possession of the land and one Shir Prem
Prakash Singh son of Shri Keshav Nath Singh was
2025:UHC:5298
cultivating the said land. On a report submitted by Joint
Magistrate, Sitarganj, proceedings for cancellation of
allotment made in favour of petitioner were initiated by
issuing a notice. Collector/District Magistrate ultimately
cancelled the allotment vide order dated 07.12.2020.
4. Petitioner moved an application seeking recall of
the order dated 07.12.2020 on the ground that notice
of the proceedings was not served upon him. The recall
application was rejected by Collector/District
Magistrate, vide order dated 08.07.2021, by holding
that petitioner's father had received the notice and in
the recall application, petitioner has not mentioned that
his father lives seperately. Petitioner, then filed a
Revision Petition which was dismissed by Additional
Commissioner, Kumaon Division vide judgment dated
30.05.2024.
5. This Court do not find any reason to interfere in
the matter. Perusal of the record reveals that notice of
the cancellation proceedings initiated by
Collector/District Magistrate, Udham Singh Nagar, was
issued which was received by petitioner's father,
however, petitioner chose not to participate in the
cancellation proceedings.
6. The proceedings before Collector were initiated
based on report submitted by officials of Revenue
Department in which it was stated that petitioner do
not reside in the concerned village; he was never in
possession of the land allotted to him and he has
handed over possession thereof to one Shri Prem
Prakash Singh. The report of the Revenue Inspector
2025:UHC:5298
submitted on 07.12.2019 indicates that Prem Prakash
Singh was found in possession over the land in
question. Since petitioner violated the condition of
allotment, therefore the Collector/District Magistrate
cancelled the allotment made in favour of petitioner.
7. Allotment under Government Grants Act is
governed by terms and conditions stipulated in the
allotment order. Since land was allotted to petitioner
for agricultural purposes and instead of doing farming
himself, he handed over possession of the land to some
other person, therefore, cancellation of allotment by
Collector cannot be faulted.
8. Thus, there is no scope for interference in the
matter. Writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
23.06.2025
MAHIND
Mahinder/ DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8
d6ca168979ca7b8c2f031a92d1a18b08923c,
ER SINGH
postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84
F5CDD4C2AF35DC4626D305B1BC9EA4BAB
A43D2B8F, cn=MAHINDER SINGH
Date: 2025.06.23 16:33:51 +05'30'
