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2025 DAILYLAW 17019 (UTT)

KHUB SINGH v. STATE OF UTTARAKHAND

WPMS/3397/2025 · 2025-12-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10960 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 3 9 7 / 2 0 2 5 Hon’ble Manoj Kumar Tiwari, J. Mr. Shobhit Batra and Mr. Ajeet Kumar Yadav, Advocates for petitioner. Mr. Suyash Pant, Standing Counsel for the State. 2. Respondent No. 4 filed an application under Section 28 of Uttarakhand Land Revenue Act, 1901. The said application was allowed by Collector/District Magistrate, Udham Singh Nagar vide order dated 01.08.2024. Petitioner has challenged the said order, passed by Collector/District Magistrate. 3. Learned State Counsel submits that since petitioner contends that he was not heard by the Collector while passing the impugned order, therefore petitioner has remedy under Section 201 of Uttarakhand Land Revenue Act, 1901. 4. This Court finds substance in the said submission. 5. Section 201 of the Act provides for rehearing on proof of good cause for non appearance. Petitioner was neither impleaded as party nor he was noticed by the Collector while passing the order, even though petitioner’s interest was vitally involved in the matter. Therefore the application moved by petitioner 2025:UHC:10960 under Section 201 of the Act would be maintainable. 6. The writ petition is, accordingly, disposed of with liberty to petitioner to approach appropriate forum under Section 201 of Uttarakhand Land Revenue Act. If he moves appropriate application, the same shall be considered and decided on merits. (Manoj Kumar Tiwari, J.) 10.12.2025 Mahinder/