High CourtsDivision Bench(2022) 08 UK CK 0056

Pratap Singh And Another vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 18 August 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · R.C. Khulbe, J
RESULT
Dismissed
CASE NUMBER
Special Appeal No. 385 Of 2021

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Judgment

8 paragraphs · 244 words

Vipin Sanghi, CJ

1.

None appeared for the appellants when the matter was called-out.

2.

The Appeal is lying in defects since February, 2022, which have not been removed.

3.

We have perused the impugned judgment rendered by the learned Single Judge in Writ Petition (M/S) No. 1959 of 2021. The appellants had preferred the said petition to seek a mandamus to the respondent Authorities to renew the lease of the petitioners (appellants in the present appeal) for any vacant agricultural land of Irrigation Department, or for a direction to respondent Nos. 2 to 4 to provide an agricultural land to the petitioners from the vacant land.

4.

The learned Single Judge observed that the petitioners based their claim on the land granted to one Shri Samer Singh on lease in the year 2003 in Khet No.218 having an area of 3 Bigha and 14 Biswa. The appellants / petitioners were not able to state as to in what capacity they are claiming the right, which inhered in Shri Samer Singh. Even the original grant in favour of Shri Samer Singh was only for a period of four and a half years, which expired in the year 2007, and it was not renewed thereafter.

5.

In these circumstances, even on merits, we do not find that the appellants/petitioners have made out a case.

6.

The Appeal is, accordingly, dismissed for non-prosecution and non-merits.

7.

In sequel thereto, pending application, if any, also stands dismissed.