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2025:UHC:10849 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 3399 of 2025 08 December, 2025 Jayavati and Ors. --Petitioners Versus Collector District Magistrate and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Jitendra Chaudhary, learned counsel for petitioners. Mr. Sudhir Kumar Nailwal, learned Standing Counsel for the State of Uttarakhand/respondents. Hon’ble Pankaj Purohit, J. (Oral)
By means of the present writ petition under Article 227 of the Constitution of India, petitioners seek for a direction to respondent No.3-learned Tehsildar, Jaspur, District Udham Singh Nagar, to take a decision upon applications/representations dated 22.06.2022 (Annexure No.4) and 29.08.2025 (Annexure No.5) moved by the petitioners for mutating their names in the revenue record Khata No.105/4 comprising area 0.09 hectare in Village Niwarmundi, Tehsil Jaspur, District Udham Singh Nagar, in place of deceased original lease holder namely Late Shri Lekhraj Singh S/o Late Shri Lallu, as per the general succession as per law. 2. It is contended by learned counsel for petitioners that original lease holder Late Shri Lekhraj Singh S/o Late Shri Lallu was the grandfather of petitioner Nos.2 and 3, father in-law of petitioner No.1 and predecessor in interest of rest of the petitioners. 3. It is further contended by him that lease was granted in favour of the Late Shri Lekhraj Singh S/o Late Shri Lallu on 20.01.1976 and he was in possession of the aforesaid lease land. Subsequently, after death of Shri Lekhraj Singh, the mutation could not have been carried out in the name of his son i.e. Shri Praveen
2025:UHC:10849 2 Singh, to whose share the land belonged in the family settlement. Shri Praveen Singh son of the original lease holder, has also died in the year 2012 leaving behind petitioners as his legal heirs. 4. It is submitted by learned counsel for petitioners that petitioners have moved an application dated 22.06.2022 (Annexure No.4) for mutating their names in respect of the aforesaid lease land, but the same is still pending for decision. 5. The present writ petition has been filed by the petitioners on a simple premise that a direction be issued to respondent No.3-learned Tehsildar, Jaspur, District Udham Singh Nagar, to decide the aforesaid application in accordance with law. 6. Learned State Counsel also has no objection if such an order is passed by this Court. 7. Accordingly, the present writ petition is allowed.
Learned Tehsildar, Jaspur, District Udham Singh Nagar, is directed to decide the application dated 22.06.2022 (Annexure No.4 to the writ petition) moved by the petitioners, in accordance with law, within a period of six weeks from the date of production of certified copy of this order. However, it is made clear that this Court has only directed the authority to decide the said application in accordance with law and nothing has been said or expressed on the merits of the said application. 8. Pending application(s), if any, stands disposed of. (Pankaj Purohit, J.)
08.12.2025 PN