Uttarakhand High Court
WPMS/1473/2021 on 3 August, 2021
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes,
reports, orders or
proceedings or
sl. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
WPMS No.1473 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Via video conferencing).
Mr. S.R.S. Gill, Advocate, for the petitioners.
Mr. Rakesh Kunwar, Brief Holder, for the State of Uttarakhand.
The petitioners before this Court has contended that they are exclusive owners of the property lying in "Khasara No.4 and 4/3", which is situated at "Village Bainthkheri, Tehsil Bazpur, District Udham Singh Nagar". In relation to the land in question, and for the declaration of their rights, they have already instituted the proceedings under Section 229B of the UPZA & LR Act, which has been registered as Revenue Case No. 22/01 of 2019- 20, "Hansa Singh & others Vs. State & others". The said suit is accompanied with it an application for the grant of temporary injunction by invoking the provisions contained under Section 229D of the UPZA & LR Act, which is still pending.
The grievance, which has been raised by the petitioners in the present writ petition is that despite of the pendency of the suit, the respondents herein i.e. State Agencies, are still proceeding to engage themselves in augmenting the illegal mining activities in the area, and particularly the land in question, on which the petitioners claim their rights. The petitioners have also approached the writ courts on number of occasions and the last writ petition being WPMS No.323 of 2021, "Hansa Singh Vs. State of Uttarakhand", which was disposed of by this Court, with a direction to the Assistant Collector, 1st Class, who was ceased with the proceedings of the aforesaid revenue suit to decide the suit, as expeditiously as possible, but within a period of one year from the date of judgment. The said judgment happens to be of 24.02.2021, and the time period as provided therein for deciding the suit is yet to expire.
The petitioners have preferred this writ petition contending thereof that the act of the respondents in engaging in the act of illegal mining activities over the area in question, particularly, in relation to the land which is the subject matter of the suit, which happens to be prejudicial to their interest. This Court being conscious of the fact that the petitioners have already approached the judicial forum which was available to them under law for declaration of their rights, until and unless there happens to be a declaration in their favour, qua the private defendants to the said suit, no direction as such could be given by this Court in the nature of injunction.
This Court cannot at this stage venture into the relief as sought for by the petitioners in the present writ petition, which is a restraint order against the respondents, from doing illegal mining activities. Apart from it, the records reveals that under Section 229D of the UPZA&LR Act, an application is already pending consideration before the court of Assistant Collector, 1st Class, who is ceased with the proceedings, this writ petition is being disposed of, without expressing any opinion on the merits of the claim of the petitioners, with a request to the Assistant Collector, 1st Class, to decide the aforesaid application under Section 229D of the UPZA&LR Act pending in the suit under Section 229B, as expeditiously as possible, but not later than six weeks from the date of the production of the certified copy of this judgment.
Subject to the above observations, the writ petition stands disposed of.
(Sharad Kumar Sharma, J.) 03.08.2021 NR/