NIRMALAEDUCATION SOCIETY OF THE URSULINES OF MARY IMMACULATE REGISTERED OFFICE v. STATE OF UTTARAKHAND
WPMS/3656/2024 · 2025-01-07
Alok Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13773 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13773 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:181 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
7TH JANUARY, 2025
Writ Petition No. 3656 of 2024 (M/S)
Nirmala Education Society of the Ursulines of Mary Immaculate
...Petitioner
Versus
State of Uttarakhand and Another …Respondents
Counsel for the Petitioner : Mr. M.S. Tyagi, Senior
Advocate assisted by Mr. Sunil Chandra, Advocate. Counsel for the Respondents : Mr. Devendra Pant,
Standing Counsel. Hon’ble Alok Kumar Verma,J.
The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers :-
“(I) A writ, order or direction in the nature of mandamus directing the respondents to take the decision on the applications made by the petitioner to purchase the land in the State of Uttarakhand, pending before the respondent no.2 (Annexure No. 5 to this writ petition). (II) Any other relief to the petitioner which this Hon'ble Court may deem fit. (III) Award the cost of petition to the petitioner.”
2025:UHC:181 2
2. Heard Mr. M.S. Tyagi, learned Senior Advocate assisted by Mr. Sunil Chandra, learned counsel for the petitioner and Mr. Devendra Pant, learned Standing Counsel for the respondents. 3. Mr. M.S. Tyagi, learned Senior Advocate, has contended that the petitioner is a Society, registered under the Societies Registration Act, 1860. The petitioner is doing work for education development and public welfare in the State of Uttarakhand. On 14.06.2024, agreements to sell were executed by one Amir, Kabir Alam, Dinesh Kumar Singhal and Pramod kumar Agarwal in favour of the petitioner. The said agreements were duly registered in the office of Sub- Registrar Roorkee, District Haridwar. On 01.07.2024, the petitioner moved three applications before the respondent no.2 under Section 154 (4) (3) (ka) (Chha) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 with the prayer to grant permission to purchase the lands. The respondent no.2 directed the Sub- Divisional Magistrate, Roorkee, District Haridwar to conduct an inquiry. The Sub-Divisional Magistrate, Roorkee submitted his inquiry report on 05.10.2024. But, no decision has been taken by the respondent no.2, Zila Adhikari / Collector, Haridwar on the
2025:UHC:181 3 petitioner’s application no. 1641 dated 24.07.2024, application no.1642 dated 24.07.2024 and application no. 1643 dated 24.07.2024. Therefore, the petitioner moved an application on 23.10.2024 before the respondent no.2 to take a decision on the petitioner’s applications.
The petitioner moved an another application on 28.10.2024, but no decision has been taken by the respondent no.2. 4. Mr. M.S. Tyagi, learned Senior Advocate, has requested to decide the present writ petition directing the respondent no.2 to decide the applications made by the petitioner as expeditiously as possible. 5. Mr. Devendra Pant, learned Standing Counsel has sought six weeks’ time to decide the petitioner’s applications. 6. With the consent of both the parties, the present Writ Petition (WPMS No. 3656 of 2024) is disposed of directing the respondent no.2 Zila Adhikari / Collector, Haridwar to decide the petitioner’s applications by a reasoned order and in accordance with law as expeditiously as possible, but not later than six weeks from the date of production of certified copy of this order. 7. It is made clear that this Court has not
2025:UHC:181 4 expressed any opinion on the merit of the case. __________________ ALOK KUMAR VERMA, J. Dt: 07.01.2025 Shiv/
SHIV PRASAD Digitally signed by SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=acdf10a01e98b19449a7dc3beb4e294826f188e8b0b97f5b563a10cdbc9a 7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2DE74454B24EE89DAA5FC5D 31E01760E37D, cn=SHIV PRASAD Date: 2025.01.07 18:03:10 +05'30'