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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, CJ, SUBHASH UPADHYAY
Karnail Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
SUBHASH UPADHYAY, J.
1. By the present intra-court appeal, the appellants have assailed the judgment and order dated 08.10.2025 passed by the learned Single Judge in WPMS No. 2056 of 2023 whereby writ petition filed by the appellants/petitioners was dismissed.
2. The appellants claimed benefit of the Government Order dated 18.07.2016 issued by the State Government for regularization of certain category of unauthorized occupants over the public land recorded in revenue record as Class-IV Category. The appellants had filed an application before the District Magistrate, Udham Singh Nagar for regularization of the land comprising in Khasra No.448/1/1 and Khasra No.448/3 admeasuring 4.018 hectare situated in Village Khairna, Tehsil Sitarganj.
3. On the said application, a report was called by the District Magistrate, Udham Singh Nagar from the Sub-Divisional Magistrate (S.D.M.), who stated that the land in question, sought to be regularized by the petitioners/appellants, is a water body, therefore, the benefit of Government Order dated 18.07.2016 cannot be given in view of Section 132 of the U.P. Zamindari Abolition & Land Reforms Act, 1950 (for Short “U.P.Z.A. & L.R. Act”).
4. Ag
Riverbed or water body land cannot be regularized under policy citing Section 132 of U.P.Z.A. & L.R. Act; writ courts cannot re-examine factual reports submitted by authorities.
The main legal point established in the judgment is that disputed questions of fact relating to title and possession should be decided by the competent civil court, and the power of judicial review i....
Notice to restore land classified as 'Bastu' without proper inquiry is arbitrary; judicial review mandates reasoned decisions backed by evidence.
The State Government does not have the power to review its own orders unless such power is specifically conferred by statute. The State Government cannot exercise its power of review after a long del....
Point of law : water bodies cannot be alienated even if they are dry and cultivation carried on dried bed of water bodies does not denude land of its character as water bodies.
Regularization of unauthorized occupation of government land cannot be claimed as a matter of right, especially when public interest is involved, and applications must be evaluated based on the law i....
The court emphasized the importance of following the rules of natural justice, considering all relevant documents and orders, and providing an opportunity to the parties to present their case before ....
Fraudulent entries in revenue records do not confer legal rights; land designated as forest is public utility land and cannot be claimed without proper legal basis.
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