Tikam Singh Chilwal & Anr. vs District Magistrate, Udham Singh Nagar & Anr.

Hon’ble Pankaj Purohit, J. (Oral)

Petitioners have filed this writ petition in the nature of mandamus directing respondent No.1 to decide the representation dated 28.10.2026 (Annexure No.3) moved by petitioner No.1 and allot the ceiling land in the name of petitioner No.2 of Village Ramnagar Kashipur as Bhumidhar with non-transferable rights in Category-1 (Kha) on the basis of Patta issued as per Government order dated 13.01.2006 (Annexure No.4).

The brief facts of the case are that petitioners are resident of Escort Farm, Kashipur, District Udham Singh Nagar and earn their livelihood through agriculture. In the year 2006, land was allotted to the residents and tillers of Escort Farm. Petitioners with his family members were residents and tillers of Escort Farm and were holding 8.5 acres of land. At the time of allotment, petitioner No.1 was allotted land, but the surplus land was not allotted to mother of petitioner No.1-Narayani Devi. Till date, petitioner No.1 is having surplus land of 0.706 hectare. Similarly situated persons were allotted the land, but no land was allotted to mother of petitioner No.1. Several representations were given by mother of petitioner No.1 showing herself to be a family member in the Family Register as well as in the Khatauni, but nothing has happened. Petitioner No.1 has given a fresh representation dated 28.10.2026 (Annexure No.3) before District Magistrate, Udham Singh Nagar, to allot the land in the name of petitioner No.2 (son of petitioner No.1), as mother of petitioner No.1 has passed away.

Learned counsel for petitioners made an innocuous prayer before this Court that if a direction is issued to respondent No.1-District Magistrate, Udham Singh Nagar, to decide the said application dated 28.10.2026 moved by petitioner No.1 (Annexure No.3 to the writ petition) within stipulated period, the ends of justice would be met.

Learned State Counsel has no objection, if such a direction is issued.

Accordingly, writ petition is finally disposed of directing respondent No.1-District Magistrate, Udham Sing Nagar to decide the application dated 28.10.2026 moved by petitioner No.1 (Annexure No.3 to the writ petition) within a period of three months from the date of production of certified copy of this order.