High CourtsSingle Bench(2021) 03 UK CK 0051

Shyam Lal vs District Magistrate, Udham Singh Nagar & Others

Uttarakhand High Court · Decided on 4 March 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 512 Of 2021

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Judgment

15 paragraphs · 264 words

Manoj Kumar Tiwari, J

1.

According to the petitioner, agricultural land was allotted to him in Village Kachnalgazi, Tehsil Kashipur, District Udham Singh Nagar, as he was a

landless labourer, belonging to Scheduled Caste Community.

2.

It is the case of the petitioner that, due to flashflood in Dhela River in the year 2008-09, the boundary marks of the land allotted to the petitioner was

washed away and, since then, petitioner is not being permitted to undertake agricultural operations in the said land. It is further the case of the

petitioner that proceedings for demarcation of land, allotted to the petitioner and other similarly situate persons, were initiated in the year 2018; but,

such demarcation process have not been concluded so far.

3.

By means of this writ petition, petitioner has sought following relief:

“(i) Issue a writ order or direction in the nature of mandamus to direct the respondents to conclude the demarcation proceedings of the allotted

agricultural land to the petitioner at Khasra no. 182/2 Min, measuring 0.405 heq. situated at Village Kachnalgazi, Tehsil Kashipur, District U.S. Nagar,

expeditiously within a stipulated time.

3.

Having regard to the fact that demarcation proceedings were initiated in June, 2018 and have not concluded as yet, the writ petition is disposed of

with a direction to S.D.M., Kashipur to conclude the demarcation proceedings as early as possible; but, not later than six months from the date of

production of certified copy of this order.

4.

It goes without saying that, demarcation of plots will be done in the presence of all the allottees/ tenure holders.