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.

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 2019-20 titled as “Mamta Devi & another vs. Nagar Palika Parishad Jaspur” whereby the concerned authority has approved the impugned demarcation report dated 14.09.2020 and ordered that as per spot inspection, the land of the petitioner having plot no. 302 measuring 0.039 hectare (i.e. 390 square meter) is included in N.H. – 74, without properly going through merits and records of the case.

2. Before arguing the matter Mr. D.S. Patni, learned senior counsel for the petitioner, submits that he is not pressing relief (ii) and the writ petition may be treated to be confined to relief (i). The other side have no objection and, as such, the relief (ii) is dismissed as not pressed.

3. The brief facts of the case in nutshell are that the Assistant Collector, Jaspur, District Udham Singh Nagar, passed an order on 23.09.2020 in Miscellaneous Case No. 04 of 2019-20 ‘Mamta Devi and Another vs. Nagar Palika Parishad Jaspur’ in compliance to the judgment passed by the Coordinate Bench of this court dated 08.01.2018 in WPMS No. 881 of 2012, whereby, both the parties were directed to approach the competent authority for fresh demarcation of land falling in Khasra No. 302 measuring 0.093 hectare recorded in category 5 as barren land of Village Amritpur, Tehsil Jaspur. The Assistant Collector while passing this order observed that the land falling in Khasra No. 302 min. measuring 0.093 hectare falls in NH-74.

4. Being aggrieved with the order of Assistant Collector dated 23.09.2020 the petitioner herein filed a review petition before the Assistant Collector and the same was allowed on 28.10.2020 and the previous order dated 30.09.2020 was recalled and reviewed.

5. Being aggrieved with the order passed by the Assistant Collector dated 28.10.2020 on review application the respondent herein Smt. Mamta Devi preferred revision i.e. Revision No. 04 of 2020-21 before the Commissioner and the same was allowed on 03.02.2021 and the order passed by the Assistant Collector in the review application dated 28.10.2020 was set aside on the ground that Assistant Collector has no power to review its own order except clerical or arithmetical error.

6. Thereafter, what has happened the petitioner herein the Nagar Palika Parishad preferred another revision against the original order of Assistant Collector dated 23.09.2020 passed in Miscellaneous Case No. 4 of 2019-20 i.e. Revision No. 49/20- 21/55/20-21 ‘Nagar Palika Parishad vs. Smt. Mamta Devi and Another’; however, since there was certain defects in the memo of revision an application was moved on 12.08.2024 seeking withdrawal of the revision with a liberty to file afresh and the same was allowed by the Commissioner on 09.01.2025 and the Revision No. 49/20-21/55/20-21 was dismissed as withdrawn with liberty to file afresh.

7. Being aggrieved wit