Molhad Singh & another vs State of Uttarakhand & others

Heard Mr. Tapan Singh, learned counsel for the petitioners, Mr. Yogesh Pandey, Additional C.S.C. for the State of Uttarakhand, Ms. Beena

Pande, Additional C.S.C. for the State of Uttar Pradesh and perused the records.

Petitioners are resident of village Badsahpur, Tehsil Laksar, District Haridwar. According to them, there is a boundary dispute between State of

Uttarakhand and State of Uttar Pradesh, which is sought to be resolved through these writ petitions. It is the contention of the petitioners that they

are recorded as Bhumidhars in respect of agricultural land over which they are in cultivatory possession. Petitioners are aggrieved by the

interference made in their peaceful possession over the land in question, by certain persons, who are residents of District Bijnor (U.P.). It is further

the contention of the petitioners that there is a boundary dispute between two States i.e. State of Uttar Pradesh and State of Uttarakhand, which

needs to be resolved with the help of Survey of India. Thus there are two groups of persons who are claiming title over the land in question.

The question which falls for consideration in these writ petitions is whether the land in question is within territory of State of Uttarakhand or State

of Uttar Pradesh.

In Writ petition No. 1543 of 2015 petitioners have sought following relief:-

i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 1 & 2 to constitute a joint survey team for

fixation of the boundaries of revenue village Badsahpur, Tehsil Laksar District Haridwar (Uttarakhand) and revenue village Himmatpur Bella, Tehsil

& Bijnor (Uttar Pradesh), with the help of survey of India and fix the permanent pillars to avoid the further boundary dispute between two States.

ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos. 4 & 5 not to disposes the petitioners from

the land in dispute and they may also be restrained not to destroy the growing sugarcane crop of the petitioners.

iii) Issue a writ, order or direction in the nature of mandamus commanding/directing respondent no. 3 to ensure that the respondent nos. 4 & 5 may

not harass the petitioners, by dispossessing the petitioners from their own land in the guise of alleged survey being conducted by the respondent

nos. 4 and 5 themselves.

By means of WPMS No. 3204 of 2016, petitioners have sought following reliefs:-

i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 1 & 2 to constitute a joint survey team for

fixation of the boundaries of revenue village Badsahpur, Tehsil Laksar District Haridwar (Uttarakhand) and revenue village Himmatpur Bella, Tehsil

& Bijnor (Uttar Pradesh), with the help of survey of India and fix the permanent pillars to avoid the further boundary dispute between two States

and also settled the survey numbers of the land of village Badsahpur, which has been left unconsolidated.

ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos. 4, 6 & 12 not to disposes the petitioners

from the land (mentioned in paragraph no. 2 of the writ petition), situated within the limit of village Badsahpur, Tehsil Laksar, District Haridwar

(Uttarakhand) and they may also be restrained that they may not interfere in cutting the sugarcane crop of the petitioners.

iii) Issue a writ, order or direction in the nature of mandamus commanding/directing respondent no. 3 to ensure that the respondent nos. 4, 6 & 12

may not harass the petitioners in the guise of land Khasra No. 8(m) & 66(m) of Village Himmatpur Bella, Tehsil & District Bijnor (Uttar Pradesh)

by dispossessing the petitioners from their own land.

I am afraid that the relief sought in these writ petitions cannot be granted in proceedings under Article 226 of the Constitution of India, as the

field is reserved exclusively for Hon?ble Supreme Court under Article 131 of the Constitution of India, which reads as under:-

Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any

other court, have original jurisdiction in any dispute-

(a) between the Government of India and one or more States; or

(b) between the Government of India and any State or States on one side and one or more other States on the other; or

(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a

legal right depends: Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements,

and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation

after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.

Since both the States i.e. State of Uttar Pradesh and State of Uttarakhand are claiming their title over the land in question, therefore, in such

view of the matter, there is no scope for interference in these writ petitions and the writ petitions are liable to be dismissed and are hereby

dismissed. No order as to costs.

Let certified copy of this order be supplied to learned counsel for the petitioner within 48 hours on payment of usual charges.