2025:UHC:10182 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 0 5 8 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Abhilash Nainwal, learned counsel for the petitioner. 2. Mr. N.S. Pundir, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Rahul Consul, learned counsel for the respondent-MDDA. 4. Petitioner applied for sanction of Building Plan. The permission sought by petitioner was rejected by Secretary, MDDA, vide order dated 28.08.2025. In para 6 of the writ petition, the reason, for rejection as displayed in website of MDDA, is reproduced below: - “The same objection has already been informed to the applicant that, in the Writ Petition No. 1647 of 2008, Mr. Chandrapal Singh and others vs. Chief Revenue Commissioner, U.K. and others, by the order of the Hon’ble High Court, Uttarakhand, Vide order 11.08.2021, the above case regarding the family partition has been remanded back to the Court of Garhwal Commissioner for the decide the matter. In the writ petition, the proposed land Khasra No. 625 kha of village Gujrada Mansingh is also involved is under litigation. Hence, till the final disposal of the case of the Hon. Court of Garhwal Commissioner, the map cannot be approved on proposed land, but informed the objection has not been removed/ rectified by the applicant yet now. As order have been passed by the State Government Housing Department Uttarakhand neither the same objection can be raised further to applicant nor any option for resend the objection have available in E-office system hence the map file is recommended for rejection.” 5. Mr. Rahul Consul, learned counsel 2025:UHC:10182 for MDDA submits that the land purchased by petitioner is subject matter of a partition suit, which was decided by Assistant Collector 1st Class, Dehradun. Against the judgment rendered by Assistant Collector 1st Class in the said suit, some of the parties filed an appeal and the Commissioner, Garhwal Division allowed the appeal and set aside the order passed by Assistant Collector 1st Class, Dehradun and remanded the matter back to Assistant Collector for re- trial. However, the said order of remand was challenged by certain other parties in Revenue Revision No. 21 of 2024-25 before Uttarakhand Board of Revenue and the matter is now pending before Board of Revenue. 6. Learned counsel for MDDA submits that without partition of subject land by metes and bounds, permission if granted to petitioner would lead to further complications and multiplicity of litigation. He, therefore, submits that learned Uttarakhand Board of Revenue be directed to decide Revenue Revision No. 21 of 2024-25 expeditiously to ensure that issue of partition amongst co-owners is resolved as early as possible. 7. This Court finds substance in the submission made by learned counsel for the MDDA. Since partition of joint holding between co-owners is yet to take place, therefore, the share of co-owners is not identifiable, therefore, MDDA would find it difficult to grant permission to the applicants for raising construction on a specific plot of land. 8. Having regard to the facts and circumstances of the case, the writ 2025:UHC:10182 petition is disposed of with a request to Uttarakhand Board of Revenue to make endeavour to decide Revenue Revision No. 21 of 2024-25 (Chandrapal Singh vs. Shamsher Singh & others), within sixty days from the date of presentation of certified copy of this order. Petitioner shall be at liberty to apply for sanction of building plan to MDDA after six months. This order will not preclude the petitioner from approaching this Court. ( Man oj Ku m ar Tiw ar i, J) 17.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f 3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58 531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.17 05:15:54 -08'00'