Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7955 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2382 of 2025 09th September, 2025
Shajhan and others …………Petitioners
Versus
Shabnam and another …………..Respondents ---------------------------------------------------------------------- Presence:- Mr. Bilal Ahmed, Advocate for the petitioners. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J.
An Exemption Application (IA No. 2 of 2025) has been moved by the counsel for the petitioners seeking exemption from filing the certified copy of the
order.
2.
Since certified copy has been supplied by the
learned counsel for the petitioner, the exemption application is rendered infructuous and is dismissed as such.
3.
The present writ petition has been filed under Article 227 of the Constitution of India by the petitioners, challenging the order dated 24.03.2025 passed by the Deputy Tehsildar, Roorkee, Haridwar, in Case No. 1804/2017-18, Aman Akthar vs. Aazad, under Sections 34/35 of the Uttarakhand Land Revenue Act, 1901 (hereinafter referred to as the “Act of 1901”), whereby the mutation orders dated 10.12.2019 and 12.05.2023 were recalled.
4.
Petitioners have an alternative remedy to challenge the said order by filing a revision under Section 219 of the Act of 1901 or by moving an application for setting aside the ex parte order, as canvassed by learned 1
2025:UHC:7955 counsel for the petitioner. Therefore, there is no occasion for this Court to interfere in the matter. However, learned counsel for the petitioner submits that an application has already been moved before the Deputy Tehsildar, Roorkee, Haridwar, and prays that a direction be issued for its expeditious disposal.
5.
In the interest of justice, the writ petition is
disposed-off. The second prayer made by learned counsel for the petitioner is allowed. The Deputy Tehsildar, Roorkee, Haridwar, is directed to decide the restoration application in Case No. 1804/2017-18, Aman Akthar vs. Aazad, under Sections 34/35 of the Act of 1901, expeditiously and, in any event, not later than three months from the date of receipt of a certified copy of this
order
(Pankaj Purohit, J.)
09.09.2025 SK
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