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2025 DAILYLAW 16581 (UTT)

GANGA BRAJWASHI v. STATE OF UTTARAKHAND

WPMS/3442/2025 · 2025-12-16

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11262 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 4 4 2 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. None present for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. According to petitioner, her application for demarcation of land, made on 18.12.2023, is not being considered by the Assistant Collector 1st Class, Haldwani. 4. By means of this writ petition, petitioner has sought the following relief: - (i) a writ, order or direction in the nature of mandamus directing the Sub-Divisional Magistrate, Haldwani to take decision/ decide the application filed by the petitioner under section 41 of the Land and Reform Act, 1901 (Annexure No. 2) with a stipulated time. 5. Learned State Counsel submits that there is a dispute regarding possession over the land in question between petitioner and respondent no. 4, which is pending in the Court of Assistant Collector 1st Class, Haldwani. He further submits that petitioner is trying to seek possession on the land in dispute in demarcation proceedings, which is not permissible. 6. Be that as it may, since petitioner’s application, under Section 41 of Land Revenue Act, is pending consideration before Assistant Collector 1st Class, 2025:UHC:11262 Haldwani, therefore, the writ petition is disposed of with a direction to Assistant Collector 1st Class, Haldwani to consider and decide the said application, one way or the other, within six months from the date of presentation of certified copy of this order. It is made clear that all the stake holders shall be heard before taking decision. ( Man oj Ku m ar Tiw ar i, J) 16.12.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08 b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF 4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.16 05:04:36 -08'00'