2025:UHC:5719-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/115/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. 1. Mr. Sandeep Tiwari, learned counsel for the petitioners. 2. Mr. J.S. Bisht, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Sandeep Kothari, learned counsel for the respondent no. 7. 4. Mr. Ashish Joshi, learned counsel for the respondent no. 8. 5. Petitioners are resident of Village Jawahar Jyoti, Damuadhunga, Tehsil Haldwani, District Nainital. According to them, they are in continuous physical possession of the land situate in Village Damuadhunga and there has been promise to grant Bhumidhari with non- transferable right under Section 131 of UP Zamidari Abolition and Land Reforms Act, 1950. 6. Petitioners are aggrieved by an order dated 19.05.2025 issued by Sub- Divisional Magistrate, Haldwani, whereby a committee was constituted to identify Government land, which is allegedly occupied by private individuals. The relief sought in the writ petition are as follows:- (i) Issue a writ or order in the nature of certiorari quashing the impugned order dated 19.05.2025 issued by respondent no. 6 (contained as Annexure No. 2) to the writ petition. (ii) Issue a writ, order or direction in the nature of mandamus directing respondent no. 1 to 2025:UHC:5719-DB grant Bhumidhari with non-transferrable rights U/s 131 of ZALR Act (as applicable in State of Uttarakhand) to the petitioners as mandated vide notification dated 26.12.2016. (iii) Issue a writ, order or direction in the nature of mandamus directing respondent no. 2, 3 & 4 to direct survey and record operations of village Damuadhunga with immediate effect to avoid situation of chaos and confusion. 7. Learned counsel for the respondents, however, submits that petitioners are claiming Bhumidhari rights over the land in question, therefore, they cannot maintain a public interest litigation for asserting their private rights. They have referred to averments made in para 6 of the writ petition, which indicates that petitioners have personal interest in the matter. 8. Thus, we find substance in the objection raised by learned counsel for the respondent that a public interest litigation would not be maintainable at the instance of petitioners, who are claiming some individual right. 9. Accordingly, the writ petition is dismissed. However, petitioners shall be at liberty to approach the appropriate forum in their individual capacity for seeking the relief, as claimed by them, in this public interest litigation. (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: 2025.07.07 21:25:10 -07'00' 2025:UHC:5719-DB