[Cites 6, Cited by 0]
Uttarakhand High Court
WPMS/3733/2025 on 2 January, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:26
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. 3728 of 2025
WPMS No. 3729 of 2025
WPMS No. 3730 of 2025
WPMS No. 3731 of 2025
WPMS No. 3732 of 2025
WPMS No. 3733 of 2025
WPMS No. 3734 of 2025
WPMS No. 3735 of 2025
WPMS No. 3736 of 2025
WPMS No. 3752 of 2025
WPMS No. 3753 of 2025
WPMS No. 3755 of 2025
WPMS No. 3756 of 2025
WPMS No. 3757 of 2025
WPMS No. 3765 of 2025
Hon'ble Manoj Kumar Tiwari, J
1.
Mr. Atul Kumar Bansal, learned counsel
for the petitioners.
2. Mr. Suyash Pant, Standing Counsel, with
Mr. Narayan Datt, Standing Counsel, for the
State.
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. 3728 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.
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,
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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
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)
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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 correction of the
provision invoked for allotting land to them. If
such representation(s) is made within two
weeks from today, District Magistrate shall
examine the matter and pass appropriate
order, within eight weeks thereafter. Other
stakeholders, if any, shall also be heard while
taking decision in the matter.
(Manoj Kumar Tiwari, J)
2.1.2026
Pr
2026:UHC:26
