Harish Singh Bisht vs District Magistrate, Almora And Others

Ramesh Ranganathan, CJ

Heard Mr. Shivanand Bhatt, learned counsel for the petitioner, and Mr. Vikas Pandey, learned Standing Counsel for the State of Uttarakhand, and, with their consent, the writ petition is disposed of at the stage of admission.

The relief sought for in this writ petition is for a mandamus directing respondent No.1 to remove the restrictions imposed by order dated 11.03.2013 for sale and purchase of land in village Katarmal, Tehsil & District Almora; and a writ of certiorari to quash the order passed by the first respondent dated 11.03.2013 imposing restrictions upon the sale and purchase of land in village Katarmal.

Facts, to the limited extent necessary, are that the petitioner filed WPPIL No.96 of 2012 seeking a direction to the respondents to conduct an independent enquiry regarding the illegalities and irregularities committed by the revenue authorities in making entries in the revenue records of the said village. A Division Bench of this Court passed order dated 04.03.2013 directing the Sub District Magistrate, Almora, to remove the names of those persons, which had been recorded illegally in the revenue records, as tenure holders by respondent Nos.5, 6 & 7 therein. The Division Bench opined that, while removing their names on the strength of the order, they should inform the persons concerned that their names were being deleted pursuant to the order of the Court passed in a Public Interest Litigation; and if they wanted to approach this Court for restoring their names in the revenue records, they could do so. Pursuant thereto, the names of certain persons appear to have been deleted in the revenue records. When these matters were pending enquiry, proceeding dated 08.03.2013 was issued imposing restrictions on the sale and purchase of land in the said village. After the order of this Court, in WPPIL No.96 of 2012 dated 04.03.2013, the errors in the revenue records were rectified.

WPPIL No.96 of 2012 was finally disposed of by order dated 14.06.2018 directing respondent Nos.2 to 4 to take appropriate action against the entries, which had not been rectified/reversed, within twelve weeks after giving reasonable opportunity of hearing to the persons aggrieved. The State Government was directed to initiate disciplinary proceedings, against the Revenue Officers/Officials, who were responsible for changing the entries in an illegal manner, within ten weeks; and to submit their report to the Registrar General of this Court immediately after expiry of three months. As the errors in entries, made in the revenue records, have since been rectified, the petitioner moved a representation seeking withdrawal of the earlier order passed on 11.03.2013 placing restrictions on the sale & purchase of land in the said village.

It is his case that, since the very object of imposing such restrictions was only to rectify the errors in the revenue records, and as necessary steps have already been taken to correct these errors, no useful purpose would be served in continuing restrictions on the sale & purchase of land in the said village. While a decision, whether or not prohibition on the sale and purchase of land in the said village should be lifted, is for the District Magistrate, Almora to take, suffice it, instead of keeping the writ petition pending on the file of this Court, to direct the first respondent to consider the petitioner's representation, and take a considered decision thereupon in accordance with law with utmost expedition, and in any event within three months from the date of production of a certified copy of this order.

It is made clear that we have not expressed any opinion as to whether or not the restrictions placed, by order dated 13.03.2013, for the sale & purchase of land in the said village should be lifted, for these are all matters for the District Magistrate, Almora to consider in accordance with law.

The writ petition is disposed of accordingly. No costs.