STATE BANK EMPLOYEES SAHAKARI AWAS SAMITI LIMITED v. STATE OF UTTARAKHAND
WPMS/3473/2024 · 2025-01-07
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13480 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13480 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:209 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.3473 of 2024 Hon’ble Manoj Kumar Tiwari, J.
Mr. Sahil Mullick, Advocate for the petitioner.
Mr. Rajesh Pandey, Standing Counsel for the State of Uttarakhand.
Mr. Ashish Joshi, Advocate for respondent no.3.
2. Petitioner has moved an application under Section 41 of Land Revenue Act,
1901. In this writ petition, petitioner has sought a direction to Sub-Divisional Magistrate, Dehradun to expedite disposal of the said application.
3. Learned State Counsel points out that there are defects in the application made by petitioner. He submits that in the application made by petitioner before the Sub-Divisional Officer, he has impleaded ‘other persons’ as respondent no.1 without specifying the name of the person, who is added as respondent. He further submits that Nagar Nigam, Dehradun has also been impleaded, through its Ward Member. Thus, he submits that the application is defective, therefore, no decision can be taken thereupon.
4. This Court finds substance in the said submission. Since the persons, who are allegedly interfering with petitioner’s possession over the land in question, have not been named in the application and the persons, who are arrayed as respondents are not legal or natural person, therefore, no direction can be
2025:UHC:209 issued to Sub-Divisional Magistrate to expedite disposal of the application moved by the petitioner.
5. In such view of the matter, the writ petition is dismissed. However, petitioner shall be at liberty to move proper application before the Sub-Divisional Magistrate concerned.
(Manoj Kumar Tiwari, J.)
07.01.2025 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D 454C5109CB987446351E4DF04AADAA2C2CEA66 , cn=ARPAN JAISWAL Date: 2025.01.08 13:54:21 +05'30'