Yashpal Singh vs State Of Uttarakhand And

S.K. Mishra, J

Heard Mr. Aditya Pratap Singh, learned counsel for the petitioner, Mr. Suyash Pant, learned Standing Counsel for the State and Mr. Vikas Bahuguna, learned counsel for the private respondents.

In this case, the petitioner has prayed for issuance of a writ of certiorari quashing the impugned order dated 28.07.2020, passed by the Deputy Director of Consolidation/ Collector, Haridwar, in Consolidation Revision No. 46 of 2017-18, whereby the learned Deputy Director of Consolidation/Collector, Haridwar recalled the records of the case for hearing by recording the impugned order on a letter by respondent no.2 addressed to the Chief Secretary of the State of Uttarakhand, in the later pad of Lingaya's University. There is no contest in the writ application. In fact, the Collector, Haridwar, who had passed the impugned order has been transferred. There appears to be no reason to re-transferring the case to the court of the Collector without passing a proper order and hearing the parties.

Hence, the writ application is allowed. The order dated 28.07.2020 passed by the Collector, Haridwar in the Revision Application is quashed. The Consolidation Revision No. 46 of 2017-18 is hereby restored to the file of the learned Additional District Magistrate, Haridwar who shall consider the case on merits. Parties are directed to appear before the learned Additional District Magistrate on 23rd of December, 2021 after receiving the certified copy of this Order. On such an event, the Revision Application shall be taken to his file and the matter shall be heard according to law by fixing a suitable date as per pendency of cases before him.

With such observation, the writ application is disposed of.

There shall be no order as to the costs.

Urgent certified copy of this order be granted on proper application.