Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2060 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS No. 533 of 2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. B.D. Upadhyaya, learned Senior Counsel assisted by Mr. Tushar Upadhyaya, learned counsel for the petitioner.
2. Mr. Yogesh Chandra Tewari, learned Standing Counsel for the State of Uttarakhand.
3. According to petitioner, he filed a declaratory suit under Section 229-B of UP Zamidari Abolition & Land Reforms Act, 1950 before the Assistant Collector 1st Class, Tehsil Purnagiri Tanakpur District Champawat. However, Assistant Collector refused to register the suit and it was returned by making an endorsement dated 07.01.2025 that the land in question is a Government land. Thus, feeling aggrieved, petitioner has approached this Court.
4. Learned State Counsel was asked to get instructions. Today, on instructions, he submits that the land in question is a public land, which was unauthorizedly occupied by certain persons, however, in view of the complaints received from Mr. Digardev Bhatt, Revenue Officials have taken possession of the land, comprised in Khasra No. 224, admeasuring 0.126 hectares, on 15.01.2025. Learned State Counsel, however, concedes that the plaint, filed by the petitioner, ought to have been registered and after framing issues the court could have decided the suit against the petitioner.
2025:UHC:2060
5. Accordingly, the writ petition is
disposed of by directing the Assistant Collector 1st Class, Tehsil Purnagiri Tanakpur, District Champawat to accept the plaint from the petitioner and register it as a Revenue Suit and take decision, as per law, without being influenced by any observation made in this order.
(Manoj Kumar Tiwari, J)
21.03.2025 Aswal