2025:UHC:7705 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2559/2025 Hon’ble Manoj Kumar Tiwari, J. Ms. Prabha Naithani, Advocate, for the petitioner. Mr. Ganesh Dutt Kandpal, Deputy AG, for the State. (2) Petitioner is challenging a communication dated 20.5.2025, issued by District Magistrate, Dehradun to Secretary, Uttarakhand Minority Commission. By the said letter/communication, Minority Commission was informed that the land, in question, was allotted to Christian Community for establishing a cemetery, vide order dated 4.5.2016, with the condition that the land may be used for given purpose within three years and if it is not used for the given purpose within three years, it shall revert back to the State Government. By means of this writ petition, petitioner has sought the following reliefs: “(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned report of District Magistrate dated 20.5.2025 and report of SDM Dehradun dated 24.4.2025 (Annexure-11 to the writ petition) (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to demarcate and handover the land of Khata no. 2471 khasra number 912 measuring 0.4050 hectare situated at village Arkedia Grant Dehradun, to the Christian Community for the purposes of Cemetery (Kabristan), which was allotted by District Magistrate Dehradun vide order dated 4.5.2016. (iii) Issue a writ, order or direction in the nature of mandamus directing the 2025:UHC:7705 respondents to take prompt and effective measures for removal of encroachment from land of Khata no. 2471 khasra number 912 measuring 0.4050 hectare situated at village Arkedia Grant Dehradun which was allotted for the purposes of Cemetery (Kabristan) and suitable action be taken against encroachers.” (3) Learned Counsel for the petitioner submits that due to a civil dispute in a suit filed by one Tara Singh, the Christian Community did not take possession of the land allotted in 2016. (4) Learned State Counsel, however, submits that in the suit allegedly filed by Tara Singh, no injunction, whether permanent or temporary, was passed and there was no impediment in Christian Community taking possession of the land allotted to it. He submits that since allotment was for a specific purpose and land was to be used for the said purpose within specific time, therefore, the land has now vested in the State Government as it could not be used for the purpose it was allotted. (5) This Court finds substance in the submission of learned State Counsel. Since allotment was valid only for three years and validity period expired in 2019, therefore, the relief as claimed by the petitioner cannot be granted at this belated stage. Writ petition is, accordingly, disposed of with liberty to petitioner to approach the competent authority for re-allotment of land. (Manoj Kumar Tiwari, J.) 29.8.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.29 17:59:22 +05'30' 2025:UHC:7705