Uttarakhand High Court
WPMS/1359/2026 on 14 May, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
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14.05.2026 WPMS No. 1359 of 2026
Hon'ble Rakesh Thapliyal, J.
Mr. Deep Prakash Bhatt, learned counsel for the petitioner and Mr. Ghanshyam Joshi, learned Addl. C.S.C. for the State.
2. By the instant writ petition, the petitioner is praying for the following reliefs :-
"I. Issue a writ order or direction in the nature of certiorari for quashing the judgment and order dated 14.09.2023 passed by Learned Additional Commissioner, Kumaun Division, Nainital in Revision No. 89 of 2021-22, 64/22- 23 "Nar Singh Vs. State of Uttarakhand through Collector, Udham Singh Nagar"
whereby the revisional court has rejected the revision of revisionist and further the judgment and order dated 31.08.2022 passed by the Learned Additional District Magistrate, District Udham Singh Nagar in Miscellaneous Suit No. 51/03 Year 2020. (Mentioned as Annexure No. 1, From Page No. 10 to 11 in the writ petition).
II. Issue any other suitable writ order or direction which this Hon'ble Court may deem fit, just and proper under the facts and circumstances of the case.
III. Cost of the petition be awarded in favour of the petitioner."
3. The case of the petitioner is that the land was allotted to the petitioner by way of patta granted in the year of 2010, however, in 2023, the patta was cancelled only on the ground at that time, the land management committed was not in existence. He submits that if the land management committee was not inexistence at that time it may at the most may be a procedural lapse but this cannot be a ground for cancellation of patta. He further submits that after grant of patta in the year of 2010, the possession was also given and now since last more than 16 years, the petitioner is in possession.
4. All these aspects requires deep scrutiny.
5. Mr. Ghanshyam Joshi, learned Addl. C.S.C. accepts notices on behalf of the respondents. He prays for and is granted four weeks' time to file counter affidavit. Two weeks' time thereafter is granted to the petitioner to file rejoinder affidavit.
6. List on 03.07.2026.
7. In the meantime, the status quo qua the possession of the petitioner over the land allotted to the petitioner pursuant to the patta granted in the year 2010 shall be maintained.
(Rakesh Thapliyal, J.) 14.05.2026 Shiv/Pant