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2025 DAILYLAW 12898 (UTT)

RACHNA MATHUR v. REVENUE INSPECTOR TEHSIL KASHIPUR

WPMS/3123/2023 · 2025-03-06

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1577 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 3123/2023 Hon'ble Rakesh Thapliyal, J. 1. Mr. Bhupesh Kandpal, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State. 3. Ms. Devika Tiwari, learned counsel for the respondent. 4. In the present petition, the petitioner is praying for the following relief:- “A writ, order or direction in the nature of certiorari quashing the impugned order dated 10.10.2023 passed by Revenue Inspector, Tehsil Kashipur, District Udham Singh Nagar, i.e, respondent no. 1 in proceedings arising out of Section 41 of LR Act (Annexure No. 1 to this writ petition)”. 5. This Court, by order dated 20.09.2024 directed the Assistant Collector to proceed with the demarcation, as sought by the respondent under section 41 L.R. Act, and complete the same within a month and submit a report by way of an affidavit. While proceeding with the demarcation, the Competent Authority was also directed that the demarcation be carried out without demolition of the boundary wall and the construction, and the petitioner may also be given an opportunity to submit his plea and defence. This Court also further observed that both the petitioner and respondent shall provide full assistance to the Assistant Collector, and they will not put any hindrance during the proceeding of demarcation and no third party are permitted to participate and interfere in the proceeding. 2025:UHC:1577 6. Today, Mr. Suyash Pant, learned Standing Counsel placed before this Court written instructions of the Revenue Inspector of Tehsil Kashipur dated 06.03.2025, addressed to the Chief Standing Counsel wherein a reference has been made that on 15.10.2024 the process of demarcation has been conducted in the presence of both the parties by the concerned Revenue Officials, and the report has been placed before the S.D.M. concerned and next date fixed before the S.D.M. is 17.03.2025, and the communication in this regard has also been sent to the parties. 7. Since, now demarcation has been done and the matter is pending before the concerned S.D.M., therefore, there is no useful purpose to keep this writ petition pending. 8. Accordingly, the present writ petition is disposed of with a direction to the concerned S.D.M. to expedite the proceedings, as per law, preferably within a period of two months from the date of production of certified copy of this order by giving proper opportunity of hearing to the parties. 9. Subject to above observation and direction as made above, the writ petition is disposed of finally. 10. Copy of written instructions is placed on record. (Rakesh Thapliyal, J.) 06.03.2025 Parul 2025:UHC:1577