Uttarakhand High Court
28 October vs State Of Uttarakhand And Ors on 28 October, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:9442
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 2969 of 2025
28 October, 2025
Diwakar Dutt Budakoti --Petitioner
Versus
State Of Uttarakhand and Ors. --Respondents
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Presence:-
Ms. Shumayla Zafri and Ms. Lubhna Jahan, learned
counsel for the petitioner.
Mr. Anil Dabral, learned Additional C.S.C. with Mr.
Sudhir Nailwal, learned Standing Counsel for the State
of Uttarakhand/respondent Nos.1 and 2.
Hon'ble Pankaj Purohit, J. (Oral)
By means of the present writ petition filed
under Article 227 of the Constitution of India, petitioner
has sought the indulgence of this Court for issuance of
mandamus directing the learned Tehsildar, Tehsil
Kotdwar, District Pauri Garhwal, for deciding the
Mutation Case No.923 of 2023-24 Vikas Vs. Diwakar,
under Section 34/35 of the U.P. Land Revenue Act on
31.01.2024 expeditiously within three months.
2. The brief facts of the case are that the
petitioner is recorded owner of the land located at Village
Padampur, Patti Sukhrow, Tehsil Kotdwar, District Pauri
Garhwal of agricultural year 1410-1411 in Khata No.76
bearing Khet No.122 and the land as mentioned is a self
acquired land of the petitioner and hasn't been inherited
by him and further there is no co-owner of the said land.
Respondent No.3 in the year 2011 threatened the
petitioner and tried to take possession of his land
forcefully. Petitioner being an old man and afraid of his
life, filed a Civil Case No.10 of 2011 for permanent
2025:UHC:9442
injunction against the respondent No.3 and the learned
Civil Court granted a permanent injunction to the
petitioner vide order dated 15.03.2018. Thereafter,
respondent No.3 preferred an Appeal No.17 of 2018
against the order dated 15.03.2018, which was dismissed
by the learned Appellate Court vide order dated
12.04.2019, he, thereafter, preferred a Second Appeal
No.92 of 2019 against the order dated 12.04.2019 before
a Coordinate Bench of this Court, wherein, interim order
was granted on 15.07.2019 to maintain status quo in
respect of land in-question till next date of hearing. The
said interim order granted to respondent No.3 was
vacated by a Coordinate Bench of this Court vide order
dated 18.10.2023 stating therein that the rights of
petitioner/plaintiff are at a risk by continued status quo
granted and respondent No.3 was again restrained as per
the learned Civil Court's order. Thereafter, petitioner
through a registered sale deed dated 15.12.2023 sold a
part of land in Khata No.79 and Khet No.122 to another
person. Since, the case for the mutation of the said land
has been pending since more than a year, thus, the
petitioner is before this Court for expeditious disposal of
the mutation proceedings.
3. It is contended by the learned counsel for the
petitioner that the mutation proceeding is summary in
nature and should be decided within stipulated time i.e.
45 days, however, if there is any objection filed by any
person then, it may be considered within shortest period
but not later than six month. She further contends that
the said mutation proceeding is pending adjudication for
almost one year, which is against the natural justice as
well as against the due process of law.
2025:UHC:9442
4. It is further contended by her that the
petitioner is a very old man and by objecting to the
mutation process, respondent No.3 is simply delaying the
process, as he has no entitlement to the land in-question
sold by the petitioner. She further contends that the ends
of justice would be met, if a direction be issued to learned
Tehsildar, Tehsil Kotdwar, District Pauri Garhwal, for
deciding the Mutation Case No.923 of 2023-24 Vikas Vs.
Diwakar, under Section 34/35 of the U.P. Land Revenue
Act expeditiously within three months.
5. There is no objection from the side of learned
State Counsel.
6. In such view of the matter, this Court is
convinced with the submissions made by learned counsel
for the petitioner.
7. Accordingly, the present writ petition is
disposed of, with a direction to learned Tehsildar, Tehsil
Kotdwar, District Pauri Garhwal, to decide the Mutation
Case No.923 of 2023-24 Vikas Vs. Diwakar, under
Section 34/35 of the U.P. Land Revenue Act,
expeditiously but not later than three months from the
date of production of certified copy of this judgment.
(Pankaj Purohit, J.)
28.10.2025
PN
PREETI Digitally signed by PREETI NEGI
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UTTARAKHAND,
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NEGI
c16432f6aab, postalCode=263001, st=UTTARAKHAND,
serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BD
B0F9229D5BF08D959AC, cn=PREETI NEGI
Date: 2025.10.28 16:38:43 +05'30'
