IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAKESH THAPLIYAL
Nagar Palika Parishad – Appellant
Versus
Mamta Devi – Respondent
| Table of Content |
|---|
| 1. petitioner challenges multiple orders on land demarcation. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioner's arguments on jurisdictional overreach. (Para 2 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's analysis on revision maintainability. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 4. writ petition allowed, quashing board's order. (Para 22 , 23) |
JUDGMENT :
Rakesh Thapliyal, J.
1. By the instant writ petition preferred under Article 227 of the Constitution of India the petitioner Nagar Palika Parishad, Jaspur, is praying for the following reliefs:
i. Issue a writ, order or direction in the nature of certiorari quashing/setting aside the impugned judgment and order dated 22.12.2025 passed by the Board of Revenue Uttarakhand Circuit Court Nainital in Revision No. 18/2024-25 under section 219 LAND REVENUE ACT ; whereby the concerned authority has quashed the order dated 09.01.2025 passed by Commissioner Kumaun Mandal Nainital.
ii. Issue a writ, order or direction in the nature of certiorari quashing/setting aside the impugned judgment and order dated 23.09.2020 passed by Assistant Collector 1st Class/Sub-Divisional Magistrate, Jaspur (Udham Singh Nagar) in Misc. Case No. 04 of 2019-
The Board of Revenue exceeded its jurisdiction by entertaining a revision against a non-meritorious permit to withdraw, as the underlying assistant collector's order remained unchallenged.
The court ruled that while the Revenue Divisional Officer lacked jurisdiction to act suo motu, the Joint Collector's revisional powers were valid in addressing fraudulent claims over government land.
The central legal point established in the judgment is that orders passed without jurisdiction are nullities and have no legal effect, emphasizing the significance of jurisdictional validity in admin....
Revenue authorities must adhere to principles of natural justice when altering land records, providing notice and opportunity for affected parties to ensure fair proceedings.
Deputy Collector could not have invoked suo motu jurisdiction after one year from the date of passing of any order passed by the Mamlatdar.
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