Suman Bisht vs District Magistrate, District Pithoragarh & Others

Manoj Kumar Tiwari, J

Petitioner was granted permission to use J.C.B. The said permission, however, was cancelled vide order dated 26.10.2019 passed by S.D.M.,

Gangolihat. Thus, feeling aggrieved, petitioner has approached this Court.

A counter affidavit has been filed on behalf of respondent no.2. In paragraph no. 5 of the counter affidavit, the stand taken is that the order of

mutation passed in favour of the petitioner has been challenged by the private respondents before Commissioner, Kumaon Division and the permission

for using J.C.B. was cancelled due to pendency of that Appeal.

Learned Deputy Advocate General submits that since the private respondents are also claiming title over the land which petitioner wants to level by

using J.C.B., therefore, in order to maintain peace & tranquility, S.D.M. has passed the order cancelling the permission, which is impugned in the writ

petition.

Since the defence taken in the counter affidavit is that private respondents have filed an Appeal against the mutation order, which is pending before

the Commissioner, Kumaon Division and, on account of pendency of the said Appeal, permission has been cancelled, therefore, writ petition is

disposed of with a direction to Commissioner, Kumaon Division to decide Appeal No. 102 of 2019-20 filed by private respondents as early as possible,

preferably within a period of ten weeks’ from the date of production of certified copy of this order.

Till decision on the said Appeal, parties are directed to maintain status quo.