Sunder Singh Gosain & others vs Commissioner, Garhwal Division, Pauri Garhwal And Others

Sudhanshu Dhulia, J. (Oral)

Certain land was given to the forefathers of the petitioners on lease. Subsequently an application for regularization of this land in favour of the

petitioners was dismissed first by the District Magistrate, Tehri Garhwal and subsequently by the Commissioner, Garhwal Division. The writ petitions

filed by the petitioners earlier against these orders were disposed of with a direction to the Commissioner, Garhwal Division to decide the

representation of the petitioners. The Commissioner has passed an order elaborating on certain aspects in detail vide his order dated 01.02.2016 and

then remanded the matter to the District Magistrate for disposal in the light of his observations. The District Magistrate, however, has rejected the

claim of the petitioners vide order dated 18.07.2018. All the same, while doing that the District Magistrate has not taken into consideration the aspects

he was asked to by the Commissioner.

In view thereof, these writ petitions are disposed of with a direction to the District Magistrate, Tehri Garhwal to reconsider the matter in the light of

the observations made by the Commissioner, Garhwal Division. It is made absolutely clear that nothing is being said on the merit of the case. Let the

District Magistrate re-examine the matter after considering all the aspects on which the Divisional Commissioner has made his observations.

Let the District Magistrate, Tehri Garhwal decide the matter as expeditiously as possible, preferably within four weeks from the date a certified copy

of this order is produced before him.

It is also made clear that this order shall not affect the allotment of land which has been given to Smt. Nirmala Rawat as the same has been given

under a special category.