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2026 DAILYLAW 9959 (UTT)

ABHISHEK KUMAR v. SUB DIVISIONAL MAGISTRATE

WPMS/2338/2026 · 2026-08-04

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010136122026 2026:UHC:6825 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2338/2026 Abhishek Kumar --Petitioner Versus Sub Divisional Magistrate --Respondent Hon’ble Manoj Kumar Tiwari, J. Mr. Abhijay Negi, Advocate with Mr. Priyansh Mittal, Advocate for the petitioner. Mr. Ghanshyam Joshi and Mr. K.S. Mehta, Additional Chief Standing Counsel for the State. 2. According to the petitioner, he moved an application under Section 143 of Z.A. & L.R. Act for declaring a land as non- agricultural. He has challenged the report submitted by Tehsildar and also the endorsement of ‘Seen’ made by some officer of the revenue department on the said report. 3. Learned State Counsel submits that writ petition is absolutely misconceived, as there is no order passed on petitioner’s application as yet and petitioner has filed this writ petition challenging a report and the endorsement made by the competent authority thereupon. He submits that UKHC010136122026 2026:UHC:6825 petitioner should have waited for some order to be passed on his application, which is not passed as yet. 4. This Court finds substance in the said contention. 5. Merely because some revenue officer has seen the report by making an endorsement thereupon will not give a cause of action to the petitioner. The writ petition is, therefore, dismissed as premature. However, it shall be open to the petitioner to approach this Court as and when cause of action arises. (Manoj Kumar Tiwari, J.) 04.08.2026 Mahinder