2025:UHC:5721-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPPIL/93/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. 1. Mr. Parikshit Saini, learned counsel for the petitioner. 2. Mr. Yogesh Chandra Tewari, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner is a resident of Khairi Khurd, P.O. Satyanarayan Mandir, Thakurpur, Dehradun. According to him, the land declared surplus is being used for construction of Staff Quarters for the Government Employees and also for establishing de-addiction centre, which is not permissible under the provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960. 4. By means of this writ petition, petitioner has sought the following reliefs:- (i) a writ, order or direction in the nature of mandamus directing the respondents to delete the revenue entries made in favour of various Govt. Department and organization in respect of Khasra Nos. 799A and 819B situated at Village Raiwala Parwadoon Tehsil Rishikesh District Dehradun in revenue records as being agricultural land (contained as Annexure No. 3 to the writ petition) (ii) Issue writ, order or direction in the nature of mandamus directing respondents to restore the said land of Khasra Nos. 799A and 819B of Village Raiwala Parwadoon Tehsil Rishikesh District Dehradun as ceiling surplus land being agriculture. 2025:UHC:5721-DB (iii) Issue writ, order or directions in the nature of mandamus directing respondents to start process of Settlement in respect of surplus land of Khasra Nos. 799A and 819B situated at Village Raiwala Parwadoon Tehsil Rishikesh District Dehradun as ceiling surplus land strictly in accordance with the provisions of Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 and Govt. Instruction issued from time to time. 5. Learned State Counsel has, however, drawn attention of this Court to Section 25 and Section 27(2) of the U.P. Imposition of Ceiling on Land Holdings Act, which are extracted below:- “25. Use of surplus land for other public purposes - The State Government may, instead of settling any surplus land in accordance with the provisions of this Act, use or permit the use either temporarily or permanently of the whole or any portion of such land for any purpose for which such land could have been acquired under the Land Acquisition Act, 1894. 27. Settlement of surplus land (1) ..... (2) The State Government may either settle any surplus land in accordance with sub- section (1) or sub-section (3) or use or use or per not its use in accordance with section 25 or manage or otherwise deal with it in such manner as it thinks fit. ]” 6. Conjoint reading of aforesaid provisions of the Act reveals that the State Government may use the land for any public purpose for which such land could have been acquired under the Land Acquisition Act, 1894. Thus, the land, declared surplus under the provisions of U.P. Imposition of Ceiling on Land Holdings Act, can be used for public purpose. Construction of staff quarters for Government Employees and establishing De-Addiction Centre is a 2025:UHC:5721-DB public purpose, therefore, the act of the State Government cannot be faulted. 7. In such view of the matter, there is no scope of interference in this Public Interest Litigation. Accordingly, the writ petition is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 04.07.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512 ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE5 8A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.11 07:24:45 -07'00'