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Judgment
(per Sri Manoj Kumar Tiwari, A.C.J.)
Petitioner is a resident of Village Basantpur, Tehsil Haldwani, District Nainital. This writ petition is filed in public interest seeking the following reliefs :
i)Issue a writ, order or direction in the nature of mandamus commanding an appropriate investigating agency to enquire into the illegal misappropriation of the government land which vested in the State Government as surplus land under the provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, determined by the Prescribed Authority, Baheri, in Ceiling No. 216 of 1974, State Vs M/s Keshar Sugar Works, vide order dt. 05.07.1976 and 15.11.1977, and cause the investigation to be done under the supervision of this Hon’ble Court to ensure the punishment of the guilty under appropriate law.
ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to initiate proceedings for the cancellation of the illegal sale-deeds executed on 21.04.2011 and registered with the office of Sub-Registrar, Haldwani on 24.04.2011, whereby the precious government land has been sold to private persons in connivance with the corrupt government officials.
iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to initiate appropriate disciplinary and criminal proceedings against the corrupt government officials who have connived with the unscrupulous persons for misappropriation of the precious government land.
iv) Issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure immediate allocation and allotment of the aforesaid government and for beneficial purposes in the interest of the public at large.”
It is contended by the petitioner that a parcel of land which was declared surplus in ceiling proceedings by the Prescribed Authority under the U.P. Imposition of Ceiling on Land Holdings Act, in the year 1977, is being transferred by certain unscrupulous persons even though the order passed by Prescribed Authority in ceiling proceedings has attained finality.
Having regard to the allegations made in the writ petition, especially transfer of land which is vested in the State upon conclusion of ceiling proceedings, we dispose of the writ petition with liberty to the petitioner to approach the Secretary, Department of Revenue, Government of Uttarakhand by making a representation. In his representation, petitioner shall enclose the documents in support of his contention that the land in question was declared as surplus in ceiling proceedings; the orders passed by Prescribed Authority, Appellate Authority and Hon’ble High Court shall also be enclosed with the representation. If petitioner makes such representation within four weeks, decision thereupon shall be taken by the Secretary, Revenue within nine months thereafter. It goes without saying that persons who are likely to be affected by the decision to be taken may also be heard by the Secretary, Revenue before passing any order. Till the decision is taken by the Secretary, Revenue on the representation, no third party interest shall be created qua the land in question and, District Magistrate, Nainital shall ensure that sale deed, if any, executed in respect of the land in question shall not be registered till decision is taken by the Secretary, Revenue.
The writ petition stands disposed of in aforesaid terms.
Pending application(s), if any, also stand disposed of.