Dori Lal vs District Magistrate/Collector, Nainital, Collectorate Nainital And Others

Alok Kumar Verma, J

Present Petition has been filed under Article 226 of the Constitution of India with the following prayers:-

“(i) To issue writ, order, rule or direction in the nature of mandamus commanding the District Magistrate to decide the application of the petitioner for permission to sell his land situated within Khata No. 34 village Bhalaun, Tehsil Ramnagar, District Nainital having area of 0.253 hec. within a specific time frame as may deemed by this Hon’ble Court.

(ii) To issue an appropriate writ, order, rule or direction for taking an appropriate action against the District Magistrate/Collector Nainital for the delay caused in deciding the application of the petitioner for permission to sell land.

(iii) To issue any other writ, order, rule or direction which this Hon’ble Court deems appropriate under the facts and circumstances of the case.“

Heard Mr. Siddhartha Sah, learned counsel for the petitioner and Mr. Devendra Pant, learned Standing Counsel for respondent nos. 1, 3 and respondent no. 4.

Mr. Siddhartha Sah, Advocate, submits that an Application dated 06.10.2022 was moved by the petitioner Dori Lal before the Collector, Nainital for permission to sell his land. Petitioner has satisfied the mandate as per provisions of Rule 143A, 143B, 143C and 143D of the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952. The said Application is still pending before the Collector, Nainital.

Mr. Siddhartha Sah, Advocate, has requested to decide the present Writ Petition by directing the Collector, Nainital to decide the said Application of the petitioner dated 06.10.2022 (Annexure No. 3 to the Writ Petition).

The said request has not been opposed by learned Standing Counsel appearing for respondent nos. 1, 3 and respondent no. 4. He has sought four weeks’ time to decide the said Application (Annexure No. 3 to the Writ Petition).

With the consent of both the parties, present Writ Petition (No. 3080 of 2023) is being decided directing respondent no. 1, Collector/ District Magistrate, Nainital to decide the petitioner’s Application dated 06.10.2022 (Annexure No. 3 to the Writ Petition) by a speaking order as per law within a period of four weeks’ from today.

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