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2026 DAILYLAW 9361 (UTT)

SUSHIL KUMAR v. COLLECTOR DISTRICT MAGISTRATE HARIDWAR

WPMS/2343/2026 · 2026-08-04

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010136362026 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2343/2026 Sushil Kumar --Petitioner Versus Collector District Magistrate Haridwar and others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. Saurabh Kumar Pandey, Advocate for the petitioner. Mr. V.D. Bisen, Additional CSC for the State. Ms. Anjali Bhargava, Advocate for Gram Sabha. 2. Petitioner preferred Appeal against order of eviction passed against him under Section 122-B of Uttarakhand Zamindari Abolition and Land Reforms Act, 1950. The said appeal was dismissed by the Appellate Authority as not maintainable vide judgment dated 20.07.2026. Feeling aggrieved by said judgment, petitioner has approached this Court. 3. According to petitioner, he is in possession over Plot No. 145, while proceedings under Section 122-B of the Act were initiated in respect of Plot No. 458. Thus, it is contended that petitioner has no concern with Plot No. 458, therefore he had challenged the order passed by Assistant Collector in an appeal which, however, was dismissed on the ground that appeal is not maintainable. 4. Learned counsel for the petitioner submits that UKHC010136362026 order passed by Appellate Authority deserves to be set aside, as the same authority is competent to hear the Revision petition also, therefore, he could have treated the appeal as revision. 5. Learned State Counsel, however, submits that since petitioner has chosen wrong remedy which was not permissible in law, therefore appellate authority was justified in dismissing the appeal. 6. Since petitioner has statutory remedy of filing revision against the order passed by Assistant Collector, therefore writ petition is disposed of with liberty to petitioner to file revision as per provision contained in Section 122-B(4-A) of the aforesaid Act. It shall be open to petitioner to claim benefit of Section 14 of Limitation Act. 7. For a period of two weeks only, no coercive action shall be taken against the petitioner on the strength of order passed by Assistant Collector. 8. It goes without saying that Revisional Authority will decide the revision independently uninfluenced by any observation made in the impugned order passed by Appellate Authority. (Manoj Kumar Tiwari, J.) 04.08.2026 Mahinder