High CourtsSingle Bench(2021) 02 UK CK 0036

Lalman vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 19 February 2021

HON’BLE JUDGES
Ravindra Maithani, J
CASE NUMBER
Writ Petition (M/S) No. 391 Of 2021

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Judgment

14 paragraphs · 271 words

Ravindra Maithani, J

1.

The petitioner seeks following relief:-

“(i) Issue a writ, order or direction in the nature of mandamus. Commanding/directing the respondents to grant/sanction lease (patta) of gata

no.23/34, admeasuring 0128 acres of land, situated at Village Khurpiya, Pargana Rudrapur, Tehsil Kichha, District Udham Singh Nagar on usual

charges in favour of petitioner, considering the fact that the petitioner is in possession over the said land since 1989, and also in view of report of

‘Mangal Dev Bisharad Adyakasha, Uttar Pradesh Vyawastha Janch Samitiâ€​.

(ii) Issue a writ, order or direction in the nature of mandamus. Commanding/directing the respondents to decide the representation dated 05.08.2020 of

the petitioner (Annexure No.3 to this writ petition) as expeditiously as possible, or within the stipulated time granted by this Hon’ble Court, which

this Hon’ble Court may deem fit and proper in the present circumstances of the case.â€​

2.

At the very outset, learned Counsel for the petitioner submits that the controversy has already been decided by this Court on 07.10.2020, passed in

WPMS No.1788 of 2020 and WPMS No.1789 of 2020 and it is covered by that judgment. Learned Counsel for the State of U.P. admits this fact.

3.

The writ petition is decided in terms of order dated 07.10.2020 passed in WPMS No.1788 of 2020 and WPMS No.1789 of 2020. Respondent no.6

is directed to decide the representation dated 05.08.2020 of the petitioner within a period of ten weeks from the date of production of a certified copy

of this order along with the representation of the petitioner. While doing so the petitioner shall also be afforded the opportunity of hearing.