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2026:UHC:1715 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No.590 of 2026 13th March, 2026 Mohini Devi ……….Petitioner
Versus
State of Uttarakhand and others ……….Respondents ---------------------------------------------------------------------- Presence:- Mr. Lalit Sharma, learned counsel for the petitioner, through video conferencing. Mr. N.S. Pundir, learned D.A.G. for the State ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J.
This writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner has sought a writ in the nature of mandamus commanding the respondent no.2-Assitant Collector, Ist Class/Sub-Divisional Magistrate, Haldwani, District- Nainital to conduct the demarcation of the petitioner’s land comprised in Khata No.00257, Khasra No.308, 309m, 311, 241m, total area 27 bigha, 03 biswa situated in Devalchaur Kham, Haldwani, District Nainital. 2. Learned counsel for the petitioner submits that for demarcation an application under Section 41 of the U.P. Land Revenue Act, 1901, was moved by the petitioner before the respondent no.2-Assitant Collector, Ist Class/Sub-Divisional Magistrate, Haldwani, District- Nainital on 14.10.2025. The petitioner deposited the requisite fee for demarcation and a report was called from the Circle Revenue Inspector of the area which states that for the purpose of demarcation Police protection is needed. 1
2026:UHC:1715
3. At this stage, the learned Assistant Collector, Ist Class, issued a direction to the in-charge Inspector Kotwali Haldwani to maintain law and order while the demarcation proceeding would be conducted. The petitioner moved an application to the Senior Superintendent of Police for police protection for maintaining law and order while conducting demarcation proceedings. S.S.P Nainital wrote a letter dated 09.01.2026 to the petitioner to deposit a sum of ₹32,915/- as expenses for the Police protection as required by the petitioner. 4. The petitioner deposited the said amount on 12.01.2026, but the respondents have still not conducted the demarcation proceedings. 5. It is feeling aggrieved by inaction on the part of the respondents, the petitioner has moved this writ petition before this Court. 6. Having heard learned counsel for the parties and having perused the record of the writ petition, this Court is of the view that when all the orders have already been passed by the respondent-Authorities and the money has also been deposited by the petitioner in the Treasury as demanded by the respondent no.4-S.S.P. Nainital, there should be no reason to delay the demarcation of the property as prayer for the petitioner. 7. Accordingly, the writ petition stands allowed.
The respondent-Authorities are directed to conduct the demarcation of the aforesaid property mentioned in paragraph no.1 of this order, co-ordinating with each other, and to complete the demarcation proceedings 2
2026:UHC:1715 within a period of 30 days from the date of production of the certified copy of this order. (Pankaj Purohit, J.)
13.03.2026 SK
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