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2025 DAILYLAW 8916 (UTT)

SHYAM SINGH v. DEPUTY DIRECTOR CONSOLIDATION OFFICER

WPMS/2075/2025 · 2025-07-11

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:6014 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2075/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Deepak Petshali, Advocate, for the petitioner. Mr. K.N. Joshi, Deputy AG, for the State. (2) By means of this writ petition, petitioner has sought the following reliefs: “(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to restrained from taking possession of the above said property and the petitioner should not be evicted from the said property. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 take necessary action in petitioner application which is pending before the respondent no. 1 (Deputy Director Consolidation Officer, Roorkee)” (3) Learned Counsel for the petitioner submits that he is not pressing prayer no. (i) and he is pressing the writ petition only qua the prayer no. (ii). (4) Learned Counsel for the petitioner has drawn attention of this Court to an application dated 25.6.2025, allegedly made by petitioner to Deputy Director of Consolidation, whereby petitioner has sought a direction to restrain his neighbours from interfering with the peaceful possession of his land. (5) Learned State Counsel, however, submits that the application is not in any judicial proceeding and it appears to have been given before Deputy Director of 2025:UHC:6014 Consolidation in his capacity as District Magistrate. He further submits that the Consolidation Officer is the court of first instance and the Deputy Director of consolidation exercises revisional powers only. He thus submits that if petitioner has any grievance at all, then he should move appropriate application under the provisions of Consolidation of Holdings Act before the Consolidation Officer. (6) This Court finds substance in the submission made by learned State Counsel. An application made on administrative side to the Deputy Director of Consolidation cannot be entertained and, therefore, no direction, as prayed for, can be issued. Writ petition thus fails and is dismissed. (Manoj Kumar Tiwari, J.) 11.7.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.07.11 18:37:31 +05'30' 2025:UHC:6014