Committee Of Management Of BSV Inter College Jaspur And Another vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Writ Petition has been filed under Article 227 of the Constitution of India with the following prayers:-

“(i) To issue a writ, order or direction in the nature of writ of mandamus, directing and commanding the respondent no.3 i.e. the SDM/Assistant Collector First Class Jaspur, Tehsil Jaspur, District Udham Singh Nagar and his associates to mutate/record the name of the petitioner institution in the revenue record i.e. Khatoni, pertains to the land bearing khata khatoni no.00206, khasra no.281 area 1.82 acre (In C.H. Form No.45 Khata Khatoni No.143, Khasra No.281 Area 0.737 Hectare or 1.82 Acre) situated in Village Ganguwala, Tehsil Jaspur, District Udham Singh Nagar.

(ii) To issue a writ, order or direction in the nature of mandamus, directing and commanding the respondent no.3 i.e. the SDM/Assistant Collector First Class, Jaspur, Tehsil Jaspur, District Udham Singh Nagar and his associates to the effect that they shall take decision upon the applications/ representations dated 03-09-2019 (A-7), 19-09-2019 (A-8) & 16-10-2020 (A-9) pending before them by a reasoned and speaking order within stipulated period of three weeks.

(iii) To issue any other suitable writ, order or direction in favour of the petitioner, which this Hon'ble Court may deem fit and proper in the present circumstances of the case.

(iv) To award cost of writ petition in favour of petitioner.”

Heard Mr. Jitendra Chaudhary, learned counsel for the petitioners and Mr. Sudhir Kumar Nailwal, learned Standing Counsel for the respondents.

During the course of arguments, Mr. Jitendra Chaudhary, Advocate submitted on instruction that the petitioners want to press only prayer no. (ii).

Learned counsel for the respondents has sought four weeks’ time for the Sub-Divisional Magistrate/Assistant Collector, Ist Class, Tehsil Jaspur, District Udham Singh Nagar to decide the petitioners’ representations dated 03.09.2019 (A-7), 19.09.2019 (A-8) and dated 16.10.2020 (A-9).

On the request of learned counsel for the parties, the present writ petition (WPMS No.311 of 2026) is disposed of directing the Sub-Divisional Magistrate/ Assistant Collector, Ist Class, Tehsil Jaspur, District Udham Singh Nagar to decide the petitioners’ representations dated 03.09.2019 (A-7), 19.09.2019 (A-8) and dated 16.10.2020 (A-9) by reasoned and speaking order within four weeks’ from the date of production of certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merit of the case.