Uttarakhand High Court
Smt. Premlata vs State Of Uttarakhand on 22 February, 2019
Author: Manoj K. Tiwari
Bench: Manoj K. Tiwari
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No. 464 of 2019
Smt. Premlata ... Petitioner
Vs
State of Uttarakhand ... Respondent
Mr. Arvind Kumar Sharma, Advocate for the petitioner.
Mr. P.S. Bisht, learned Standing Counsel for the State of Uttarakhand.
Hon'ble Manoj K. Tiwari, J. (Oral)
1. According to the petitioner, he filed an objection under Section 9A of U.P. Consolidation of Holdings Act claiming right over a land, which according to him, he is in cultivatory possession since last 30 years. Petitioner's objection was allowed by the Consolidation Officer vide order dated 21.06.2017. State filed an appeal before learned Settlement Officer Consolidation, which was allowed on 23.01.2019.
2. Sri A.K. Sharma, learned counsel for the petitioner submits that petitioner filed a recall application before learned Settlement Officer Consolidation on 28.01.2019, which is still pending. He further submits that since the revenue authorities are dispossessing the petitioner from the land in question, therefore, he has approached this Court for protection.
3. Having regard to the facts and circumstances of the case, this petition is disposed of with a direction to learned Settlement Officer Consolidation to hear and decide recall application as early as possible, preferably within six weeks from the date of receipt of this order. It is further made clear that for a period of six weeks status quo qua land in question shall be maintained.
(Manoj K. Tiwari, J.) 22.02.2019 Aswal